- Marsy's Law for All - Marsy's Law Model Constitutional Amendment
- NACDL Marsy's Law Talking Points 2017
Marsy's Law seeks to give crime victims legal standing in bail hearings, pleas, sentencing, and parole hearings. It also allows crime victims to refuse an interview or other discovery requests made by the accused or any person acting on behalf of the accused. The Law has passed in several states including California, Illinois, Montana, North Dakota, and South Dakota. In North Dakota, issues with interpreting and implementing the law as it relates to the discovery process have been reported. Other states have experienced similar issues.
NACDL hosted a National Advocacy Call on Developing Legislation on Wednesday, April 12, 2017 at 12:00 p.m. EST. The discussion focused on how state advocates can help stave off the aggressive proponents of this legislation. Speakers included: Barry Wilford, partner with the law firm Kura, Wilford & Schregardus Co. , L.P.A; Mark Friese, criminal defense lawyers from Bismarck, North Dakota; and Garrick Byers, a former public defender for 33 years in Contra Costa and Fresno Counties.
Learn more about NACDL's State Criminal Justice Network. Angelyn C. Frazer-Giles, Host. Doug Shaner, production supervisor. Music I Will! Rise Above (Jared C. Balogh) / CC BY-NC-SA 3.0.
Marsy’s Law Resources
Despite overwhelming legal opposition, voters gave crime victims their own bill of rights
Victims’ rights law unfairly limits parole hearings, judge rules (California)
City, county attorneys working to comply with Marsy’s Law (Montana)
Devil is in details of Marsy’s Law (Montana)
An IR View: Marsy’s Law is not the answer (Montana)
Public defender says Marsy’s Law complicates efforts to defend her client (North Dakota)
Marsy’s Law cost estimated at $2M per year (North Dakota)
Mark Friese: “Marsy’s Law” ballot measure is a bad idea (North Dakota)
As victims’ rights law makes ballot, other states grapple with pitfalls (Oklahoma)
The billionaire behind ‘Marsy’s Law’ effort (Oklahoma)
Journal Time Editorial: A fair trial first, then victims’ rights (Wisconsin)
Montana Supreme Court: Marsy’s Law Initiative was unconstitutional (Montana)
States with Marsy’s Law:
North Dakota (2016)
South Dakota (2016)
North Carolina (2018)
Voters in Montana and Kentucky also approved Marsy's Law measures in their perspective states. However, the Supreme Courts in each state declared Marsy's Law to be unconstitutional. Read more: Montana; Kentucky.
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Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Statement of estimated fiscal impact of constitution measure No. 3, Victims’ Rights Amendment - $4.0 million in additional expenditures for the 2017-19 biennium (prepared by the Office of Management and Budget)
One-time funding of $815,000 is added for the statewide automated victim information and notification (SAVIN) program enhancement project. The enhancements will upgrade the SAVIN program so that it is able to provide the notification necessary to comply with Section 25 of Article I of the Constitution of North Dakota, also known as Marsy’s Law. Resources:
Statement of Purpose of Amendment for House Bill No. 1003;
65th Legislative Assembly State Budget Actions for the 2017-2019 Biennium: page 56 - $315,000 appropriation for the SAVIN program; page 57 - additional $500,000 for the SAVIN program enhancements.
$158,000 increase for software upgrades for the statewide automated victim information and notification system due to passage of Marsy’s Law. Resources: Fiscal note for SB 32, general appropriations act for FY 2017 – page 2.
Estimated costs to the courts of $16.4 million in FY 2018-19 and $30.5 million annually in subsequent years for additional district attorney staff. Click here for full report on the fiscal impact.