Marsy's Law in Wisconsin: 5 years after voters approve amendment
5 years of Marsy's Law in Wisconsin
During the April 2020 election, voters approved an amendment known as Marsy's Law. It granted crime victims 16 specific rights.
MILWAUKEE - Five years ago, Wisconsinites voted to amend the state constitution.
Constitutional amendment
What we know:
The amendment is known as Marsy’s Law. During the April 2020 election, voters approved the amendment.
Marsy’s Law grants crime victims 16 specific rights. If you pull out the Constitution of the State of Wisconsin, it now says victims have the following, among many others:
- To be treated with dignity, respect, courtesy, sensitivity and fairness
- Have the right to court proceedings free from unreasonable delay
- To request to attend all court proceedings
- To request to talk to the prosecutor
It also says victims can request to speak in court when the court is deciding things like release, plea, sentencing or parole.
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Additionally, victims can share how the alleged crime has impacted their lives. They can also request to get updates when an inmate dies or is released or escapes.
A "game changer"
What they're saying:
The group who led the push for Marsy's Law in Wisconsin says it’s been a "game changer." But, others have found some obstacles.
Natalie Hayden is a podcaster and voice for domestic violence survivors. She's noticing a difference.
"It’s not always been easy, it’s not always to have your voice heard, but now you have many who are willing to hear your voice, along with the additional support that comes along with that," Hayden said. "Thanks to Marsy’s Law, I think more victims, their voices are heard, they have more available to them, and they’re able to have a fair case."
"It has reinforced the heavy emphasis we’ve put on making sure that victims’ rights are acknowledged and that victims are accorded access to the court process, that we understand very clearly what their feelings and concerns are, as any particular case works through the system," Milwaukee County District Attorney Kent Lovern said. "We want to make sure that in each and every case, a victim is apprised of what is happening in court, that any concerns a victim wants to have conveyed to the court are done so, most of the time through our own staff in court."
The other side:
Marsy’s Law also says victims have the right to privacy. But, that's caused some conflict, at the intersection between privacy and state law protecting the public's right to know.
"Everyone supports treating crime victims with respect," Wisconsin Freedom of Information Council President Bill Lueders said. "But there have been situations where Marsy’s Law has been misapplied or over-applied, like when it’s been used to withhold the names of businesses where crimes occur, or when it’s used to withhold the names of officers who shoot people on grounds that the officers are victims of the people they shoot.
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Voter support
Dig deeper:
75% of the voters in April 2020 approved this constitutional change.
Twelve states have it on the books, including California, where it originated, as well as Illinois, Florida and Oklahoma.
"Protected, served and seen"
Why you should care:
Five years in, Marsy's Law is being felt across Wisconsin.
"It’s so important for one to have their day," Haden said. "Allow your process to be seen, heard, and felt, and you have more educated professionals that are here to serve in that light, to make sure that you’re protected, served and seen."
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