Marsy's Law for Illinois marks 10 years of uplifting voices from violent crime survivors

(WIFR) – More than four in 1,000 Illinois residents are affected by violent crime each year, despite a national decline in crime.

Marsy’s law ensures that victims of violent crimes have equal constitutional rights at the same level as those charged and convicted of these crimes.

On November 4, 2014, Marsy’s Law was added to the state constitution and received 78% of the vote – more than 2.6 million voters. Leaders say this law is one of the strongest protections for the rights of crime victims in the country.

Known as HJRCA, Marsy’s Law for Illinois:

Guarantees the right to be informed of legal proceedings
Guarantees the right to be represented at trials and hearings on their case
Guarantees the right to make a written statement to the court about the impact a violent crime has had on them
Provides better access to post-trial procedures
Guarantees timely action at the request of victims
Allows them to appeal against decisions affecting the exercise of their personal rights

Jennifer Bishop-Jenkins, Marsy’s Law’s Illinois director, lost her sister, brother-in-law and their unborn baby in 1990 at the hands of a then-teenager. That loss prompted her to become involved with Marsy’s Law, which originated in California in 2008.

“They have no say in the role of the prosecution and defense in these cases, but victims have the right to be heard, to be kept safe, to be informed of cases and to be informed prior to sentencing to make a victim statement.” says Bishop-Jenkins. “Victims have the right to seek restitution if someone has harmed them financially.”

Bishop-Jenkins explains that her family was denied a victim impact statement during the 1992 trial because the “court was too busy.” She says the victim’s rights, which were enshrined in the constitution at the time, were strictly symbolic.

“They actually lacked a legal enforcement mechanism,” Bishop-Jenkins explains. “There was no status given to the victim of a crime to be able to say to the court, ‘But I have the right to say this.’”

Amanda Davis, the advocacy coordinator at Voices from Stephenson County encourages survivors to seek help through the legal process. She says Marsy’s Law gives them the opportunity to heal by using their voices.

“What they have had to live with, what they will continue to live with; that is their opportunity, that is their final say on what they ultimately have to say,” Davis says. “That might be all they get.”

So far, only twelve states have incorporated Marsy’s Law into their constitutions, including Florida, Georgia, Kentucky and Wisconsin. Supporters like Bishop-Jenkins and Davis hope it will one day be adopted nationally.

According to Bishop-Jenkins, one of the issues is the misconception that the rights of the victim could limit the rights of the accused.

“People today who would view or dismiss the victims’ rights movement as competing with justice for all people accused of crime, that’s just wrong.”

Visit the official website to read the story of Marsy Ann Nicholas, the woman whose death sparked this movement here.