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Georgia Criminal Law Review

Document Type

Comment

Abstract

There are underlying principles of law that root our criminal justice system into a balanced process between the state and the defendant. However, the victims of crime are often forgotten, and their input limited. To address these concerns, numerous victims’ rights bills have been developed all over the country. Although there are well-written sections of these laws, overall, they are underdeveloped. The newest version of this movement, Marsy’s Law, fails to fix any of the previous issues. With the passage of victims’ rights bills containing sections that serve to endanger this balance while simultaneously failing to fully empower victims, this Note contends that these victims’ rights bills should be reworked into a form that best serves our nation’s commonly held ideals of justice and compassion. Voters will need to carefully examine proposed ballot measures regarding Marsy’s Law and other victims’ rights bills if they are not meaningfully revised. The legislature will need to be prepared to flesh out both procedural and substantive legislation based on ballot measure framework, and the judiciary will likewise need to be prepared to interpret these laws that are enacted without clear directives and that are at odds with other legal protections.

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