Victims' Rights in California
Marsy’s Law (Proposition 9):
- This constitutional amendment significantly expanded victims’ rights in California.
- Key provisions include the right to be notified of all criminal proceedings, to be present at all public hearings, to be heard at sentencing and parole hearings, and to restitution.
- It also grants victims the right to refuse interviews or depositions requested by the defendant.
- This constitutional amendment significantly expanded victims’ rights in California.
Criminal Proceedings:
- Victims have the right to be informed of the status of the criminal investigation and prosecution.
- They can provide victim impact statements to the court, detailing the emotional, physical, and financial harm they have suffered.
- Restitution orders can be issued by the criminal court, requiring the defendant to compensate the victim for losses.
- Victims have the right to be informed of the status of the criminal investigation and prosecution.
Civil Proceedings:
- Victims can pursue civil lawsuits against perpetrators and, in certain cases, against institutions that may be liable.
- Civil actions can seek damages for medical expenses, lost wages, pain and suffering, and emotional distress.
- Civil cases have a lower burden of proof than criminal cases (preponderance of the evidence vs. beyond a reasonable doubt).
- Victims can pursue civil lawsuits against perpetrators and, in certain cases, against institutions that may be liable.
"Above all, be the heroine of your life, not the victim."
"Power's not given to you. You have to take it."
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