SJR 102, formerly SJR 101 commonly known as “Marsy’s Law” proposes an amendment change to section 22, Article 1, of the Constitution of the state of Idaho relating to the rights of crime victims. It borrows language from model legislation proposed by the Marsy’s Law for All campaign that attempts to amend state constitutions to expand enumerated rights to all crime victims. However, these expanded rights are likely to come into direct conflict with the state and federal constitutional rights afforded to criminal defendants who are innocent until proven guilty – like the right to due process, the right to a speedy trial, and the right to be informed of and question the evidence against him or her. Marsy’s Law is unnecessary for states like Idaho with existing victims’ rights in the State’s constitution and is an unfunded mandate that would result in large unanticipated costs for the state, unintended consequences for counties, and increased burdens to Idaho’s court system. For more detailed information about our concerns with Marsy's Law, please read our 2017 fall/winter newsletter.
