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Episode 48: More on Marsy’s Law

The contentious constitutional amendment will be on the ballot for a statewide referendum on November 5th.

  • Katie Meyer
In a House committee meeting, the subject of how Pennsylvania manages its regulations was front and center.

 Matt Rourke / AP Photo

In a House committee meeting, the subject of how Pennsylvania manages its regulations was front and center.

This week we’re focusing on a topic that has come up a lot lately, and with good reason: Marsy’s Law. If you’re not familiar, Marsy’s law is a proposed amendment to Pennsylvania’s constitution that will be on the ballot for a statewide referendum on November 5th.

Versions of the proposed law have been adopted in a bunch of states. In Pennsylvania’s case, it would basically insert an existing bill of rights for crime victims into the state constitution.

As it stands, that bill of rights already does a lot for victims. It gives them the ability to make impact statements, to almost always be present at trial, and to be notified if a perpetrator gets out of prison. Putting those rights in the constitution is designed to give a victim more recourse if they feel they’ve been mistreated. They would be able to motion a court for a new or extended trial if, say, they weren’t given time to make an impact statement.

But the American Civil Liberties Union is adamantly opposed to Marsy’s Law—saying it’s too broad, too vague, and could set up conflicting rights between victims and the accused. The state chapter of the ACLU is also bringing a lawsuit, arguing Marsy’s should be multiple amendments, and is unconstitutional in its current form.

WITF’s morning show Smart Talk, hosted by Scott LaMar, recently had on several of the people who have been most vocal on Marsy’s. So in the interest of spreading the word on this potential amendment as much as possible, we’re re-broadcasting a particularly informative part of that episode.

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