Crime victims earn more protection under new Florida law | Opinion
This week is National Crime Victims’ Rights Week, a time to raise awareness of the importance of crime victims’ rights and to mark the milestones achieved in the crime victims’ rights movement.
Here in Florida, it is also a time to celebrate another significant step we have taken forward with the legislature’s recent passage of the Victims of Crimes Bill. Our deepest appreciation to the Florida Legislature, and bill sponsors Sen. Danny Burgess and Rep. Colleen Burton, for advancing this bill which achieves two important goals for crime victims.
First, the bill conforms the crime victims’ rights language currently in Florida statute to the amended language voters overwhelmingly voted in favor of and placed in the Florida Constitution in 2018 when they passed Marsy’s Law for Florida. The language in the state constitution that specifies 18 clear, enforceable rights for victims will now be mirrored in statute.
One of the most important rights Marsy’s Law provides crime victims is the right to be informed of their rights and that this information is provided to all crime victims in the form of a card, brochure or other means.
With the constitutional and statutory language in alignment, we can work toward ensuring the uniformity and accuracy of the information law enforcement agencies provide crime victims regarding their Marsy’s Law for Florida rights.
It will also make very clear to all those involved in the criminal justice system, including law enforcement, state attorneys, prosecutors and judges, what rights crime victims have and when they should be applied.
The second reason this bill is a victory for crime victims is because it clarifies that crime victims have an absolute right to counsel.
Thanks to Marsy’s Law for Florida, victims now have standing in court and they have a right to have their own attorney who can assert or seek to enforce their rights on their behalf. This aspect of the bill was particularly important to Sen. Burgess who prosecuted as a JAG officer and experienced first-hand how important an attorney for the victim can be to both the victim and the criminal justice process.
For victims who are often at the most vulnerable points in the lives, navigating the criminal justice system can be a confusing and frustrating process. That’s why Florida voters agreed crime victims should have their own set of rights and protections that help guide them through their cases.
However, they can only deliver on that promise if victims are aware they are entitled to them in the first place and that they are guaranteed these rights and protections as the Florida Constitution, and now Florida statute, intend.
Paul Hawkes was a judge on the Florida First District Court of Appeal and now provides counsel to Marsy’s Law for Florida.
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This article originally appeared on Tallahassee Democrat: Crime victims earn more protection under new Florida law | Opinion
