Separating Myth From Fact – Volume 1
Welcome to the first in a series of posts that seek to present the facts about Marsy’s Law for Montana and correct some of the misinformation that we’ve encountered.
Myth #1. Marsy’s Law for Montana will result in longer jail times for those convicted of crimes.
Marsy’s Law in California includes a provision which extends the time between parole hearings for convicted felons. However, that provision is not included in the Marsy’s Law for Montana amendment language. Marsy’s Law for Montana does nothing to affect the time convicted individuals spend in jail.
Myth #2. Marsy’s Law for Montana will affect the rights of individuals accused of crimes by allowing victims to withhold evidence that could exonerate them.
Defendants have rights protected by the Sixth Amendment of the United States Constitution to confront their accusers at trial. Marsy’s Law for Montana does not trump those rights—when a judge is confronted with a victim asserting his or her rights and a defendant asserting his or her rights, the judge will weigh them each. If the defendant’s sixth amendment right is at issue, that right will always prevail.
Check back soon to learn more facts about Marsy’s Law for Montana and visit our page to find out how you can get involved!