ACLU opposes 'victim rights' question

SANDUSKY — The Ohio affiliate of the American Civil Liberties Union has come out against Issue 1, "Marsy's Law," a state question that guarantees rights for the victims of crime.The ACLU says the state question would hamper a defendant's constitutional right to a fair trial and would also introduce delay and expense into the legal system by giving victims the right to interfere with court proceedings.Issue 1, one of two state questions being decided this fall by Ohio voters, would amend the Ohio Constitution to provide a "bill of rights" for crime victims, including the right to be notified of, and present, at all public court proceedings, the right to be told when the accused has been released from jail, and the right to refuse discovery requests except as authorized by the Ohio Constitution.The issue has plenty of supporters and has been endorsed by many public officials locally and statewide, including Ottawa County Sheriff Steve Levorchick. Mike Brickner, senior policy director for the Ohio ACLU, said he's concerned about making it harder for an accused person to depose a victim or obtain information from that person, jeopardizing a defendant's rights to due process.It is dangerous to tilt the law too far against the rights of defendants, he said."You may see more people wrongfully convicted," he said.Brickner said allowing victims to interject themselves at every stage could also delay trials and hamper the right to a fair trial.He said that if voters approve the question, it could trigger a lawsuit from the ACLU."We always keep all options on the table," he said.Aaron Marshall, spokesman for the Yes on Issue 1 campaign, said Article 1, Section 10, of the Ohio Constitution, will still guarantee the right of the accused to obtain relevant information from a victim.The point of the state question is to stop fishing expeditions, "where they paw through people's personal information when it's not relevant to the case," said Marshall, who said victims should not be asked without cause for medical records or social media passwords.Marshall dismissed the argument that Issue 1 will delay court cases."The last thing that crime victims want is more delays in their case. They want the cases to be over so that they can get closure and move on with their lives," he said.Polling shows Ohioans from all walks of life support Issue 1 by a comfortable margin, Marshall said.Although few organizations have joined the ACLU in opposing Issue 1, the Republican Liberty Caucus of Ohio also issued a statement urging a "No" vote, saying that it takes away the discretion of judges to find a proper balance between the rights of the accused and of the victim."This could lead to increased litigation time, taxpayer cost, and erosion of constitutionally guaranteed rights for the accused," the caucus said.The caucus says it is a group "working within the Republican Party to advance the principles of individual rights, limited government, and free markets."Reach reporter Tom Jackson at jackson@sanduskyregister.com and follow him on Twitter @jacksontom.