Concord
Similarly, a case would not proceed if a defendant was not notified of his or her right to an attorney, and had not had the opportunity to confer with legal counsel prior to appearing in court.
For crime victims in New Hampshire, the experience is much different. While victims in felony-level cases should receive basic notifications about court hearings under the Victim Bill of Rights, those notifications are not guaranteed and can’t be enforced by the judicial branch.
An ex-husband convicted of domestic violence can be released from prison without input from the victim. If the victim learns of his release after the fact, she can file a petition with the court, but the judge is not required to hold a hearing to consider her input.
Advocates maintain that until victims have rights that are guaranteed by the state constitution, the playing field for victims and criminal defendants will never be equal.
New Hampshire is one of 15 states, including Vermont, that does not extend enumerated rights to victims of crime. A national effort that has now reached New Hampshire is looking to change that, so all crime victims — including surviving family members of murder victims — have equal rights as criminal defendants under the state constitution.
The New Hampshire Coalition Against Domestic and Sexual Violence has partnered with Marsy’s Law for All to lead the effort and level the playing field in the Granite State. Marsy’s Law For All is led by Henry Nicholas, who is fighting for change in memory of his sister, Marsalee “Marsy” Nicholas, who was stalked and killed by her ex-boyfriend in 1983.
The newly created organization — Marsy’s Law for New Hampshire — will work under the umbrella of the national organization and will fully fund the statewide campaign.
New Hampshire has some of the most comprehensive victims’ rights laws in the nation and is looked to as a model state because of it, said Amanda Grady Sexton, the coalition’s director of public affairs.
“But we could go ahead and pass 100 more laws and statutory changes, and the fact remains that we have no constitutional rights for victims of crime,” said Grady Sexton, who also is the state director of Marsy’s Law for New Hampshire. “Until we do, victims of crime will never have equal footing in the criminal justice system.”
Victims’ advocates, prosecutors and law enforcement officials say the Granite State is well-positioned to pass Marsy’s Law. A total of 22 of the state’s 24 senators have signed on as co-sponsors of the bill, including its prime sponsor, Republican Sen. Sharon Carson, as well as the Speaker of the House and the House Democratic Leader, Grady Sexton said. The measure also has the support of Gov. Chris Sununu.
If Marsy’s Law passes the full House in April, the awareness campaign will continue into early November, when voters will be asked to cast their ballots for or against the constitutional amendment. A two-thirds majority vote is needed for the measure to pass.
The last time the state passed a constitutional amendment was in 2006.
New Hampshire’s version of Marsy’s Law would amend the state constitution to ensure crime victims and their families have rights that are enforceable by the courts.