In 2018, Florida voters approved an amendment to Article I, Section 16 of the Florida Constitution expanding constitutional protections for crime victims. These protections, commonly known as Marsy’s Law, are intended to ensure that victims are treated with fairness and respect and have a meaningful role throughout the criminal and juvenile justice systems.

A “victim” generally includes a person who suffers direct or threatened physical, psychological, or financial harm as a result of a crime or attempted crime. In certain circumstances, the definition also includes a victim’s lawful representative, the parent or guardian of a minor victim, or the next of kin of a homicide victim.

Marsy’s Law provides victims with important rights beginning at the time of victimization. These include the right to be treated with fairness and respect, to be free from intimidation and harassment, to be reasonably protected from the accused during the judicial process, and to have the safety of the victim and the victim’s family considered when bail and conditions of release are determined.

Victims also have rights relating to privacy, the return of property, restitution, and the timely resolution of their cases.

Some of the most important protections under Marsy’s Law allow victims, upon request, to receive reasonable and timely notice of court proceedings, attend public proceedings involving the criminal conduct, and be heard during proceedings involving matters such as release, pleas, sentencing, adjudication, and parole.

Victims may also confer with the prosecuting attorney regarding certain significant decisions in the case, including plea agreements, release, restitution, and sentencing.

Crime victims do not necessarily have to remain silent when they believe their constitutional rights are not being honored. Florida’s Constitution provides that a victim, the victim’s retained attorney or lawful representative, or the State Attorney’s Office at the victim’s request may assert and seek enforcement of the victim’s rights before the appropriate court or authority.

Victims also have the right to be informed of their constitutional rights and that they may seek the advice of an attorney regarding those rights.

For survivors of domestic violence and other crimes, these protections can be particularly important. Court proceedings, release decisions, plea negotiations, and sentencing can directly affect a survivor’s safety and sense of security.

Understanding Marsy’s Law can help survivors know what information they may request, when they may participate in proceedings, and what protections may be available as their case moves through the justice system.