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the perpetrator is standing in the same aisle as you in the
grocery store, having been released pending trial.
Between the inevitable fear and anger, obvious questions
such as “how could this happen,” “why didn’t anyone tell
me,” and “what about my safety,” would race through
your mind. That stark reality for Marsy Nicholas’ family
led to a recent nationwide movement known as “Marsy’s
law,” which seeks to ensure that no family member suffers
the indignity of not knowing an accused criminal has
been released on bail. Hillsborough County has
embraced this movement.
Since Marsy’s Law — aka the Victims Rights Amend -
ment — passed as part of Amendment 6, the State
Attorney’s Office has made several policy and procedural
changes to improve our steadfast protection of victims’
rights. Our office has developed notification systems,
victim counseling, and advocacy services that ensure that
we treat crime victims fairly and with respect.
The implementation of the crime victims’ rights amend -
ment created an opportunity to revisit and re-energize
MAR - APR 2019
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HCBA LAWYER
our Victim Assistance Program. Working with law
enforcement agencies, the Clerk’s Office, and our
court administrators, we have refined our notification
procedures to ensure that crime victims are aware of the
defendant’s initial court appearance and that they have
a voice in bond decisions, including circumstances where
pre-trial detention is appropriate. We have updated our
informational resources so every crime victim will know
his rights. We have trained our Assistant State Attorneys
and legal staff on these new constitutional protections. We
have met with all criminal justice agencies within our
circuit to coordinate the development of systems and
procedures that support these new rights. All our local
criminal justice agency leaders have welcomed this effort.
In the coming months, the Legislature may address
some definitional issues in the new law and funding
challenges. In Hillsborough County, however, we are
already implementing the will of the voters, who spoke
clearly and loudly in support of constitutional protections
for crime victims.
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