How Marsy’s Law May Affect the Rights of Criminal Defendants

 Posted on November 28, 2025 in Criminal Law

In recent years, the rights of victims have become an increasingly important concern in the criminal justice system. Multiple states have passed laws that provide a Victims’ Bill of Rights, and these are commonly known as Marsy’s Law. However, while these laws are well-intentioned, they have had a negative impact on the due process rights of criminal defendants while increasing burdens on the justice system.

As advocates for victims’ rights continue to influence criminal cases, it is more important than ever for people who are facing criminal charges to secure representation from an experienced attorney. A lawyer who has a comprehensive understanding of the applicable laws and the steps that can be taken to protect a defendant’s rights can provide invaluable legal help while working to ensure that criminal cases can be resolved successfully.

Issues With Marsy’s Law

While laws that protect the rights of crime victims may seem like a good idea, they have had unforeseen effects on many criminal cases. The provisions included in Marsy’s Law vary from state to state, but they generally provide victims with the right to be notified about criminal proceedings and the right to be heard in criminal prosecutions, sentencing, and parole hearings. They also provide victims with the right to privacy, sometimes preventing their identities from being disclosed to the public and limiting the release of personal information. Victims also have the right to restitution that is meant to address the harm they have suffered.

These provisions have affected the justice system in many ways, including:

• Privacy Rights Limiting the Options for Defense: Victims may invoke their rights to privacy and refuse to turn over certain information during a criminal case. This may limit the options available to defendants, who may not have access to evidence that could be used to exonerate them or that could otherwise play a role in the outcome of a case.

• Broad Definitions of Victims: While Marsy’s Law is meant to protect people who have been directly affected by crimes, other parties have also used it to claim victimhood. In some cases, police officers have argued that they are victims in cases involving allegations of assault against officers or resisting arrest, allowing police departments to refuse to disclose the names of officers involved in certain cases. In others, government organizations or corporations have claimed victimhood in order to obtain restitution in criminal cases.

• Excessive Restitution: Marsy’s Law has increased the amount of restitution that many defendants are required to pay. In many cases, a defendant’s financial circumstances and their ability to pay restitution are no longer considered, which has led to significant financial burdens that can affect defendants long after they have completed their sentences.

• Burdens on the Justice System: The requirements to notify victims of criminal proceedings and give them the opportunity to be heard have led to delays in many cases while also significantly increasing the costs involved. This has affected defendants’ due process rights, preventing them from receiving the speedy trials that they are entitled to under the law.

Ongoing Developments Related to Marsy’s Law

As people are affected by state laws that are meant to protect victims’ rights, there have been several court cases addressing these concerns. In one prominent case that is currently being considered by the Ohio Supreme Court, the Columbus Police Department has attempted to refuse to turn over body cam footage and other information related to a police shooting. The court will consider whether police officers should be provided protections as victims under Marsy’s Law.

In another case that took place in South Dakota, a victim invoked their right to privacy and refused to turn over a diary that may have had information relevant to a criminal case. The South Dakota Supreme Court ruled that the protections provided under Marsy’s Law allowed the victim to quash the defendant’s subpoena and prevent their personal information from being revealed during the case.

Contact Our Connecticut Criminal Defense Attorneys

As new laws are passed that are meant to protect victims’ rights and court cases determine how these laws may be used, it is important for criminal defendants to work with an attorney who can help them take steps to protect their rights and develop successful defense strategies. At Woolf & Ross Law Firm, LLC, our Hartford criminal defense lawyers can help clients fight against convictions while working to limit the ways their lives may be affected by criminal charges. Arrange a free consultation today by calling our office at 860-290-8690.