NH Law Enforcement endorses Marsy’s Law

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Marsy Nicholas, center, with her parents. marsyslaw.us

CONCORD – Standing together in support of constitutional rights for crime victims, a broad coalition of law enforcement groups endorsed Marsy’s Law for New Hampshire. From top brass to the rank and file, the state’s four largest law enforcement associations, covering local, county and state officers urged lawmakers and the public to support Constitutional Amendment Concurrent Resolution (CACR) 22, which they say would create equal rights for all crime victims in New Hampshire.

“Too often crime victims are overlooked in the court process, and you can see how that impacts them and their loved ones,” says Center Tuftonboro Chief Andy Shagoury, President of the NH Association of Chiefs of Police. “Victims often want a chance to be present and heard at all proceedings, but are either not notified or told they may not speak. They deserve rights that are on the same level as the accused.”

Marsy’s Law for New Hampshire, also known as CACR 22, has the support of Governor Chris Sununu and virtually every New Hampshire State Senator. It is also co-sponsored by New Hampshire’s House Speaker and Democratic leadership. The constitutional amendment includes the right to notification, the right to reasonable protection from harm, the right to speak. and the right to a process free of unnecessary delays.

“As Governor of New Hampshire, my top priority is the safety of our citizens,”  Sununu said. “When victims of crime find the strength to come forward and engage in the criminal justice process we must ensure that they have basic rights and protections in place. Victims of crime deserve equal constitutional rights – the same rights as defendants. No more, no less. Let’s get this done.”

The Marsy’s Law movement began in 1983, when a young woman named Marsy Nicholas was stalked and killed by her ex-boyfriend. Only a week after her murder, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they saw the accused murderer. The family, who had just come from a visit to Marsy’s grave, had no idea the accused murderer had been released on bail. In an effort to honor his sister, Dr. Henry Nicholas has made it his mission in life to give victims and their families across the country constitutional protections and equal rights.

Thirty-five states around the nation have already established constitutional rights for victims of crime. Law enforcement groups have joined prosecutors, advocates and victims in the call to pass CACR 22.

Here in New Hampshire, there are those who believe the law needs fine tuning and more consideration before adoption, and that the state’s existing Victim Bill of Rights provides sufficient protections.

In a recent Union Leader op/ed, Jeanne Hruska, policy director of the American Civil Liberties Union of New Hampshire, cautions lawmakers about the specific language of CACR 22, and it’s constitutionality.

While ACLU-NH supports victims’ rights and the discussion about whether and how to add them to our constitution, Hruska says CACR 22 should be the jumping off place to have that important discussion.

“Our goal is to ensure that the legislative discussion about CACR 22 includes consideration for alternative language, the impact of Marsy’s Law in other states, and ensures that any amendment that ends up on the ballot is as constitutionally sound as possible,” writes Hruska.

Hruska cites delays in the judicial process and added expense – in the millions –  in states where Marsy’s Law has already been adopted, as well as creating certain conflicts with the constitutional rights of the accused.

“The victims’ bill of rights already in New Hampshire statute addresses these concerns by explicitly stating that victims’ rights shall be enforced to the extent they ‘are not inconsistent with the constitutional or statutory rights of the accused.’ This language was specifically sought by the New Hampshire Attorney General’s Office when our statutory bill of rights was enacted in the 1990s. Many of the concerns with CACR 22 could be addressed by adding similar language,” Hruska writes.

However, NH’s law enforcement officials remain strong advocates of the law.

“One of the most important missions of law enforcement is to protect victims of crime,” explains Marc Beaudoin, President of the New Hampshire Troopers Association. “Our troopers see the impact of crime on innocent people every single day. We are honored to stand with them in strong support of Marsy’s Law.”

“Enacting Marsy’s Law in New Hampshire not only takes a critical step towards total equality of rights in our criminal justice system, but it also advances our state’s proud record of standing up for the interests of victims of crime,” says Londonderry Police Lt. Patrick Cheetham, President of the New Hampshire Police Association.

“Sheriffs play an integral role in the administration of our court system and we stand in united support for the need to help victims of crime,” says Sheriff Eli Rivera, President of the New Hampshire Sheriff’s Association. “This is the right thing to do.”

“There is a critical imbalance that exists within the criminal justice system in New Hampshire” explains Amanda Grady Sexton, Director of Public Affairs for New Hampshire Coalition Against Domestic and Sexual Violence and State Director for Marsy’s Law for NH. “We are proud to be a part of a broad coalition working to clarify and enhance the rights of victims of crime. We are deeply appreciative of the men and women of law enforcement for adding their voices to this important dialogue and we thank them for their service to our communities.”


Some content for this post was provided by Marsy’s Law NH.

About this Author

Carol Robidoux

PublisherManchester Ink Link

Longtime NH journalist and publisher of ManchesterInkLink.com. Loves R&B, German beer, and the Queen City!