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When you enter law enforcement, you take an oath to support and maintain the U.S. Constitution, the laws of the United States and the laws of your state. While that entails a great many things, it means that I and my deputies must ensure that everyone who is accused or convicted of a crime is afforded the 20 distinct rights in the U.S. Constitution to which they are entitled. These are important protections that ensure fairness and impartiality in the pursuit of justice.

However, I also swore to serve and protect all the residents of my county, including those who were victimized. Right now, the rights and protections we can offer Floridians who become victims are, unfortunately, limited.

Currently, there are no clear, enforceable rights and protections for victims outlined in either the U.S. or Florida constitutions. Imagine telling the father of a child killed in a drunk-driving accident that he will have less standing in court than the person accused of driving under the influence and causing the accident? Imagine a rape victim discovering personal information about her and her family is available to the accused rapist, leaving her and her family members vulnerable to harassment or worse?

Sadly, these are scenarios that play out every day in communities across our state. Floridians have the opportunity to change this.

In November, Florida voters can decide if there should be distinct rights and protections for victims in our state constitution through a proposed constitutional amendment known as Marsy’s Law for Florida (Amendment 6 on your ballot).

Amendment 6/Marsy’s Law for Florida would provide crime victims with rights that are equal to — not more than — the rights already provided to the accused and convicted. Victims just want access to the same kinds of information and opportunities provided to the defendants.

Amendment 6/Marsy’s Law would provide some basic, commonsense rights, such as the right to be notified about any court proceedings related to their case, the right to speak at plea and sentencing hearings, the right to privacy, and the right to know if their perpetrator is about to be released from prison.

These are people who were thrown into an often scary, confusing and traumatizing criminal-justice system through no fault of their own. Once they get there, they just want to be heard and to be treated with the dignity and respect they deserve.

As a second-generation law-enforcement officer, who has dedicated the past 30 years of my life to protecting the innocent and pursuing the guilty, I can tell you we have a system that needs more balance. Amendment 6/Marsy’s Law for Florida will bring that balance to our court system and improve the overall delivery of justice for everyone.

I strongly support and endorse Marsy’s Law for Florida, and I encourage Volusia residents to do the same by casting a “yes” vote for Amendment 6 this fall.

— Michael J. Chitwood is the Volusia County sheriff.

Read more in the West Volusia Beacon.

Recently, I joined more than three dozen Florida sheriffs in endorsing Amendment 6/Marsy’s Law for Florida, a proposal that would add a Crime Victims’ Bill of Rights to the Florida Constitution. If passed by 60 percent of voters this November, Amendment 6 will provide victims with rights and protections that are equal to, not greater than, the rights and protections already provided the accused and convicted.

As law enforcement officers, we are usually the first ones at the scene of a crime. We are among the first people victims encounter. We have seen the emotional and physical trauma they have endured. We work tirelessly to help them recover and heal, but without clear constitutional protections in place, victims’ rights are sometimes compromised, despite our best efforts.

Victims deserve to be notified when the defendant is released from prison. They deserve to be informed of hearings and provided a voice during these events. They deserve to be compensated for their loss. Most importantly, victims deserve to be treated with dignity, respect and compassion. These rights seem so straightforward and ingrained, yet none of the protections listed above are stated in the Florida Constitution in an enforceable manner.

In 2017, 1,645 people were victims of violent crime in Alachua County. Most likely, someone you know is on that list, whether it’s family, friends, colleagues or neighbors. The Alachua County Sheriff’s Office strives to treat each crime victim the way we’d hope a loved one would be treated in a similar situation, but sometimes our hands are tied. As law officers, we must protect and serve our state while strictly adhering to constitutional provisions. Unlike those accused of a crime, victims do not have specific rights outlined in the constitution. In the eyes of the law, the criminal’s rights are stronger than the victim’s.

A grieving father is not constitutionally mandated to be notified of any hearings in the trial against his child’s murderer. A sexual assault victim might not be permitted to tell the court about the assault’s impact on his/her life. An attempted murderer could be released on parole without any regard to the victim’s safety. Crime victims and their families already feel powerless about their situation. Not providing them with a voice is demeaning and demoralizing.

I took an oath that I will support, protect and defend our constitution. That means I am committed to upholding the rights of the accused under the Sixth Amendment. I cannot and will not support any measure that disputes their rights. But, I firmly believe protecting the rights of the accused while also protecting the rights of crime victims are not mutually exclusive. Marsy’s Law is an excellent policy proposal to meet the needs of all parties in the case.

I am proud to join my colleagues across the state, as well as the Florida Police Chiefs Association and the Florida Sheriffs Association, in lending my support to Marsy’s Law. I encourage voters to voice their support for victims’ rights on the ballot this fall.

Sadie Darnell is Alachua County sheriff.

Read more in the Gainesville Sun.

Clerks of the Court from 17 Florida counties have announced their endorsement of Amendment 6/Marsy’s Law for Florida, which would place equal rights and protections for victims in the state constitution if supported by voters. Endorsing Amendment 6/Marsy’s Law for Florida are:

• Baker County Clerk of Courts Stacie Harvey
• Bradford County Clerk of Courts Ray Norman
• Citrus County Clerk of Courts Angela Vick
• Clay County Clerk of Courts Tara Green
• Franklin County Clerk of Courts Marcia Johnson
• Hendry County Clerk of Courts Barbara Butler
• Hernando County Clerk of Courts Don Barbee
• Indian River County Clerk of Courts Jeff Smith
• Lee County Clerk of Courts Linda Doggett
• Manatee County Clerk of Courts Angelina Colonneso
• Martin County Clerk of Courts Carolyn Timmann
• Okeechobee County Clerk of Courts Sharon Robertson
• Pasco County Clerk of Courts Paula O’Neil
• Pinellas County Clerk of Courts Ken Burke
• Putnam County Clerk of Courts Tim Smith
• Polk County Clerk of Courts Stacy Butterfield
• Wakulla County Clerk of Courts Brent Thurmond

“As Clerk of the Circuit Court, my office interacts with victims, survivors, and their families on a daily basis,” said Martin County Clerk of the Court Carolyn Timmann. “Rights of crime victims belong in the Florida Constitution and Amendment 6 allows victims of crime to ‘opt-in’ to receive notification of all legal proceedings, and the rights of privacy, to be heard, and to be protected from harassment. Marsy’s Law will help give victims the dignity and respect they deserve. I encourage everyone to vote yes on Amendment 6 – Marsy’s Law.”

In addition to the Clerks of Court, 10 state attorneys have announced their support for Amendment 6/Marsy’s Law for Florida, as well as members of the state’s law enforcement community. Amendment 6/Marsy’s Law for Florida has been endorsed by more than half of the state’s sheriffs, Florida Police Chiefs Association and Florida Sheriffs Association.

Amendment 6/Marsy’s Law for Florida will be on the November 2018 General Election ballot as a proposed constitutional amendment. If passed by a margin of 60 percent or more of Florida voters, Amendment 6 would place a Crime Victims Bill of Rights in the state constitution. Including a Crime Victims Bill of Rights in the state constitution would ensure crime victims have clear, enforceable rights that are equal to, not greater than, the rights of the accused and convicted.

The measure was approved and placed on the ballot by the Florida Constitution Revision Commission in April.

For more information on Amendment 6/Marsy’s Law for Florida, visit https://www.marsyslawforfl.com/what_is_marsy_s_law_for_florida.

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About Marsy’s Law

Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail.  In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.

Law enforcement leadership from across the state continue to endorse Amendment 6/Marsy’s Law for Florida, which would place equal rights and protections for victims in the state constitution if supported by voters. Endorsing Amendment 6/Marsy’s Law for Florida are:

• Retired Broward County Sheriff Al Lamberti
• Dixie County Sheriff Dewey Hatcher
• Escambia County Sheriff David Morgan
• Glades County Sheriff David Hardin
• Indian River County Sheriff Deryl Loar
• Jacksonville Sheriff Mike Williams
• Lake County Sheriff Peyton Grinnell
• Marion County Sheriff Billy Woods
• Nassau County Sheriff Bill Leeper
• Okeechobee County Sheriff Noel Stephen
• Osceola County Sheriff Russell Gibson
• Polk County Sheriff Grady Judd
• Putnam County Sheriff Gator DeLoach
• Miami-Dade Police Department Director Juan J. Perez

Previously endorsed by sheriffs from 24 counties, the Florida Police Chiefs Association and the Florida Sheriffs Association, Amendment 6/Marsy’s Law for Florida now has the support of more than half of the state’s sheriffs.  

A proposed constitutional amendment, Amendment 6/Marsy’s Law for Florida will be on the November 2018 General Election ballot. If passed by a margin of 60 percent or more of Florida voters, Amendment 6 would place a Crime Victims Bill of Rights in the state constitution. Enshrining a Crime Victims Bill of Rights in the state constitution would ensure crime victims have clear, enforceable rights that are equal to, not greater than, the rights of the accused and convicted.

Amendment 6/Marsy’s for Florida was approved and placed on the ballot by the Florida Constitution Revision Commission in April.

The measure has also received the support of Governor Rick Scott, former Governor Jeb Bush, U.S. Congressman Ron DeSantis, State Senator Lauren Book, State Senator Darryl Rouson, Florida Speaker of the House Richard Corcoran, former Secretary of the Florida Department of Juvenile Justice Wansley Walters, Broward County Commissioner Chip LaMarca, Retired Florida Judge Frank Shepherd, Indian River County Tax Collector Carole Jean Jordan, State Attorney Andrew Warren (13th Judicial Circuit, Hillsborough County) State Attorney Katherine Fernandez Rundle (11th Judicial Circuit, Miami-Dade County) State Attorney R.J. Larizza (7th Judicial Circuit, Flagler, Putnam, St. Johns and Volusia Counties), State Attorney Brad King (5th Judicial Circuit, Marion, Lake, Citrus, Sumter, Hernando Counties), State Attorney Dave Aronberg (15th Judicial Circuit, Palm Beach County), and former State Attorneys Rod Smith of Gainesville and Willie Meggs of Tallahassee.

About Marsy’s Law

Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail.  In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.