Susan Nalley

One of the most rewarding aspects of my job is the fact that every single day I get to interact and work on behalf of an amazing group of people. These individuals all share something in common: They are victims of violent crime.

Crime victims are wives and husbands, teenagers, parents or grandparents, friends or co-workers. They are people whose lives have been upended, thrown into turmoil and trauma brought about by the violent, abusive and criminal behavior of others.

They are also people forced by circumstance into our criminal justice system, a world that to many can seem foreign, complicated and at times intimidating.

My job is to help victims understand and navigate the legal process, to notify them of upcoming court hearings or instances when their offender has been freed on bail or placed on probation. We provide counseling, emotional support and security.

Quite honestly, I’m proud of the work we do and the way Idaho treats victims. It all started in 1994 when more than 79 percent of voters approved the Victims’ Rights Amendment to our constitution.

But the fact remains, there is room for improvement. We can and should do more for victims.

That brings me to Marsy’s Law for Idaho, a proposed constitutional amendment that would give victims more protection, a stronger voice and rights equal to those granted defendants.

The debate about Marsy’s Law is beginning to heat up in Boise as legislators prepare to decide whether to approve the initiative and ultimately – and correctly – put the question to voters in November.

Earlier this week, Marsy’s Law was endorsed by the Idaho Victim Witness Association, putting the organization squarely on the side of victims and in the same camp as the Idaho Sheriff’s Association, the Fraternal Order of Police, Professional Firefighters of Idaho and many other victim advocacy groups.

Those who work with victims believe in Marsy’s Law for several reasons. We like the fact that it would require victims to be notified if the person who committed the crime escapes or absconds from probation and parole. This provides victims with another layer of protection because we know – and statistics show – that offenders will threaten or bring more harm to victims.

Marsy’s Law would also give victims the right to confer with prosecutors during the criminal phase of the case, on important decisions such as a plea agreement.

Another key element of Marsy’s Law is that it would put these rights in the Idaho Constitution, a critical step toward leveling the legal playing field. Our legal system correctly gives more weight to constitutional rights when compared to statutory rights.

Providing victims with stronger, constitutional rights gives judges the ability to weigh equally the rights of victims with those of the defendant. Keep in mind that judges will still have the discretion to balance those rights to determine what is in the best interest of justice in each case and circumstance.

Not all Idaho legislators seem to be grasping the need and significance of Marsy’s Law, or the need to enshrine the provisions in the constitution. Last week, in fact, some legislators critical of Marsy’s Law pitched alternative legislation that would put these new rights into statute.

While I’m pleased to see those legislators on board with the goals and objectives of Marsy’s Law, doing so via statute simply fails victims. In all honesty, the question is whether Idaho wants to give victims new rights or a fresh set of feel-good courtesies.

The same group of legislators is also balking at the idea of amending our constitution on behalf of victims. As mentioned, the only way to give victims the best and strongest rights is to enshrine those rights in the Idaho Constitution.

In addition, consider when Idaho helped set a national example 24 years ago by passing the Victims’ Rights Amendment. At the time, voters agreed at the ballot box to amend the constitution. As we consider updating and strengthening victims’ rights, doesn’t it also make sense to do it the same way?

Critics also like to belittle Marsy’s Law for Idaho because it’s part of a national effort, as if the fact that other states are considering — or have already adopted — Marsy’s Law ideas is some kind of scourge.

It’s true that Marsy’s Law for Idaho is part of a campaign aimed at having victims’ rights strengthened in other states. Nationwide, Marsy’s Law has recently been approved by voters in Ohio, Montana and North and South Dakota. It’s been working in Illinois and California now for several years. Currently, Idaho is among nine other states considering Marsy’s Law provisions.

At the same time, Idaho’s version is unique. It’s not cookie-cutter legislation, but instead written by Idaho leaders for our state’s specific needs. The resolution that will be considered in the Idaho House and Senate in the coming weeks was written by Idaho legislators, county prosecutors, law enforcement leaders and people like me who work for victims.

Unlike Idaho, states like Montana and South Dakota had to start their victims’ rights effort from scratch, which explains why folks there are dealing with some economic and logistical growing pains.

Here in Idaho, we already have an effective system in place — the Victim Information and Notification Everyday network — for alerting victims of hearing dates and offender releases. We already have an established, trained and professional legion of victim witness coordinators in counties statewide.

Many of the tough issues other states are dealing with have already been solved here in Idaho.

This is why Idahoans have customized our own version of Marsy’s Law, in a way that addresses the specific steps we can and should take on behalf of crime victims.

At the end of the day, Marsy’s Law for Idaho is about victims, people who never asked to be abused, assaulted or harmed. These are people who never asked to be tossed into our justice system.

As I said, Idaho has taken great steps to support and help victims. Marsy’s Law for Idaho simply takes that work to the next level.

Susan Nalley is a Blackfoot resident and current President of the Idaho Victim Witness Association. She is also the victim witness coordinator for the Bingham County Sheriff’s Department and the City of Blackfoot Police Department.

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