Letter to the Editor Published by The Indiana Gazette October 15, 2019
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Letter to the Editor
Proposed Amendment Needs
Consideration |
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I agree with the positive motive for the proposed Pennsylvania constitutional amendment (Marsy’s Law) to clarify the rights of the victims of a crime, however I must vote “No.”
Part of the proposal states that the victim has the right “To refuse an interview, deposition or other discovery request made by the accused or any person acting on behalf of the accused.”
Not even the defendant's lawyer would be allowed to question the victim, if he or she refused. The provision would hinder the accumulation of facts that may provide enough evidence for an acquittal.
Supporters of the proposed provision miss the point by retorting that within current Pennsylvania law “victims are not required to participate in pretrial criminal depositions and already may refuse an interview request made by anyone, not just the accused. Marsy’s Law gives these provisions constitutional protection.”
My response is that it is even more important this provision not be given constitutional protection, so that this part of Pennsylvania law has a chance to be overturned and the court no longer treats the accused as if they are guilty from before the trial even begins.
Regardless of good intentions, this proposed constitutional amendment contradicts the spirit of the presumption of innocence that is the cornerstone of our judicial system and is required for a truly fair and impartial trial.
If it were not for that one provision, I would enthusiastically support the amendment, but with it, I must vote “No.”