1. Crime Victims’ Rights in Ohio Post Marsy’s Law
The Shifting Legal Landscape for Crime Victims

2. Constitution, Statutes, Court Rules
Victims’ Rights
Constitution, Statutes, Court Rules

3. Ohio Const. Art. I, § 10a PREVIOUS AMENDMENT:
Victims of criminal offenses shall be accorded fairness, dignity, and respect in the criminal justice process, and, as the General Assembly shall define and provide by law, shall be accorded rights to reasonable and appropriate notice, information, access, and protection and to a meaningful role in the criminal justice process.
Ohio Const. Art. I, § 10a

4. Ohio Const. Art. I, § 10a PREVIOUS AMENDMENT:
This section does not confer upon any person a right to appeal or modify any decision in a criminal proceeding, does not abridge any other right guaranteed by the Constitution of the United States or this Constitution, and does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any political subdivision, or any officer of the court.
Ohio Const. Art. I, § 10a

5. On November 7, 2017, Ohio voters passed Issue 1, Marsy’s Law, with 83% support. Marsy’s Law repeals and replaces the current constitutional amendment.
Ohio Const. Art. I, § 10a

6. Ohio Const. Art. I, § 10a(A)(1)
The provision guaranteeing victims the right to be treated with fairness, dignity, and respect has been amended to provide that victims are to be treated with fairness and respect for their safety, dignity, and privacy.
Ohio Const. Art. I, § 10a(A)(1)

7. To ensure that victims will be accorded fairness, dignity and respect throughout the criminal justice system we must consider these things:
Creating a culture of empathy
Intentional Collaboration
Building a path of recovery and resiliency
Trauma-Responsive
Discarding hierarchies of victimization
Incorporating Marsy’s Law into daily work
Best Practices

8. Marsy’s Law gives victims a much-needed enforcement mechanism—the ability to file motions to uphold their rights and seek appellate review when rights are violated.
Ohio Const. Art. I, § 10a(B)

9. Best Practices Can’t uphold rights if you don’t know them
Education and advocacy to victims
Helps manage expectations and emotional burden
How is it done now?
What can make this process more personal?
Marsy’s Law Waiver Form – OCVJC
Personal contact
Must be accessible
Knowledge of resources available
Victim advocate/representative
Best Practices

10. Marsy’s Law expands the legal definition of victim to protect the person against whom the criminal offense was committed and/or the person directly and proximately harmed by the criminal offense.
Ohio Const. Art. I, § 10a(D)

11. With the expanded definition of victim, this may mean more victims that you must serve
Training at onboarding
Cultural shift
Analysis of policies and procedures
Streamlining
Using existing resources
Investing in victim advocates
Best Practices

12. Rights to Information and Protection
Investigation
Rights to Information and Protection

13. Ohio Const. Art. I, § 10a(A)(4)
Marsy’s Law provides victims with the right to reasonable protection from the accused and those acting on behalf of the accused.
Ohio Const. Art. I, § 10a(A)(4)

14. Do not minimize any contact no matter how small
Redaction
Education on the importance of redaction
Effective communication
Separate waiting areas
Letters and social media
Family and friends
Understanding of systems
Interpreters and the Deaf community
Mental health
Disability community
Best Practices

15. Right to be Informed: ORC 2930.04
Victims are entitled to written notice at initial contact with investigating law enforcement agency of:
Victims’ rights
Info about victim services available
Info about the reparations program
Info about protection/protective orders
Name/phone number of lead investigator and prosecutor
Requirements can be met by providing AG’s pamphlet
Right to be Informed: ORC

16. Right to be Informed: ORC 2930.05
Within reasonable time after arrest, a victim has a right to notice of:
Arrest and name of the defendant or juvenile offender
Whether offender is eligible for pretrial release
Right to call agency to determine if release is pending
Right to be Informed: ORC

17. Best Practices Utilize a “Marsy’s Law Checklist”
Review and improve policies and procedures around informing the victim
Develop uniformed strategies with victim advocacy agencies
Marsy’s Law Waiver Form – OCVJC
Effective Communication
Education and explanation
Best Practices

18. Ohio Const. Art. I, § 10a(A)(10)
Victims are entitled to notice of all rights provided by Marsy’s Law.
Ohio Const. Art. I, § 10a(A)(10)

19. Best Practices Making rights a reality includes:
Treating all victims the same
Educating the victims early of your role and of their rights on multiple occasions
Utilizing Marsy’s Law Cards and the Waiver Form
Have a generated letter, reviewed by an attorney, about Marsy’s Law rights, the responsibilities of the victim and resources
Collaborating with victim advocacy services to develop uniformed strategies
Follow up with direct phone calls to the victims whenever possible
Effective Communication
Best Practices

20. Rights to be Protected, Informed, Present, and Heard
Prosecution
Rights to be Protected, Informed, Present, and Heard

21. Victim Representatives: ORC 2930.02
Victims can choose a representative to exercise all rights in ORC 2930
Representatives can either:
Exercise rights instead of victims OR
Exercise rights along with victims
Offenders cannot be victim representatives
Victim Representatives: ORC

22. Victims have the right to be heard on any issue that implicates their rights
Victim representatives can help with this
Pending implementation language may provide guidance re: victim representative roles
Unauthorized Practice of Law
Facilitate communication
Notify of rights, what to expect, education
Cannot give advice on what to do
Best Practices

23. Right to be Informed: ORC 2930.06
The prosecutor must inform the victim of:
The name of the defendant
The case number
Procedural steps in the case
What to do if the victim is threatened
Contact information of prosecutor
Summary of victims’ rights
THE FACT THAT SOME RIGHTS MUST BE REQUESTED IN ORDER TO BE EXERCISED
Right to be Informed: ORC

24. Best Practices Utilize a “Marsy’s Law Checklist”
Review and improve policies and procedures around notification
Education and intentional communication
Have a generated letter, reviewed by an attorney, about Marsy’s Law rights, the responsibilities of the victim and resources
Collaborating with victim advocacy services to develop uniformed strategies
Follow up with direct phone calls to the victims whenever possible
Effective Communication
How can a victim make these requests
Unauthorized Practice of Law
“The prosecutor presiding over your case recommends….”
Best Practices

25. Notifications: Ohio Const. Art. I, § 10a(A)(2) & ORC 2930.06
Marsy’s Law provides victims the right to reasonable and timely notice of all public proceedings, upon request.
Notifications: Ohio Const. Art. I, § 10a(A)(2) & ORC

26. Notifications: Ohio Const. Art. I, § 10a(A)(2) & ORC 2930.06
Per ORC :
If the victim requests notice, prosecutors must provide notice of:
Date, time, and place of proceedings
Changes in date, time, place of proceedings
Notifications: Ohio Const. Art. I, § 10a(A)(2) & ORC

27. Reach out to victims via telephone first utilizing letter and other forms of communication as alternatives unless redirected otherwise
ODRC Office of Victim Services
Education about what to expect
Attempt notification three times at most recent contact information that you have
Document each attempt, both successful and not successful
For all misdemeanor, felony and delinquency proceedings – Upon Request
Law enforcement may notify victims of the arraignment process to eliminate the likelihood of delay, ensure victim safety, ensure the victims’ right to be heard
Best Practices

28. Marsy’s Law provides that victims have the right to be present at any public proceeding.
Presence: Ohio Const. Art. I, § 10a(A)(2), ORC , & Evid. R. 615(b)(4)

29. Per ORC :
Victims have the right to be present at any stage of the criminal proceeding conducted on the record (except grand jury) when defendants have the right to be present unless the victim’s presence interferes with the defendant’s right to a fair trial
Presence: Ohio Const. Art. I, § 10a(A)(2), ORC , & Evid. R. 615(b)(4)

30. Evidence Rule 615
Makes an exception to Separation of Witnesses for victims as authorized by statute and defined by constitution
Presence: Ohio Const. Art. I, § 10a(A)(2), ORC , & Evid. R. 615(b)(4)

31. Presence: Case Law Appellate court cases on right to be present:
State v. Maley, 2013-Ohio-3452, ¶ 1 (1st Dist.); State v. Hines, 2005-Ohio-6696, ¶ 20 (3rd Dist.); State v. Pickett, 2016-Ohio-4593 (4th Dist.); State v. Klusty, 2015-Ohio-2843 (5th Dist.); State v. Zientek, 2013-Ohio-4836, ¶ 16 (6th Dist.); State v. Ricco , 2009-Ohio-5894, ¶ 27 (11th Dist.); State v. Marshall (2009), 2009-Ohio-2197, ¶ 44 (12th Dist.)
Presence: Case Law

32. An Expanded Right to be Heard: Ohio Const. Art. I, § 10a(A)(2)
Marsy’s Law provides victims with the right to be heard in any public proceeding involving release, plea, sentencing, disposition, parole, OR any time a victim’s right is implicated.
An Expanded Right to be Heard: Ohio Const. Art. I, § 10a(A)(2)

33. Best Practices Training for courts on this specific right
Intentional collaboration between courts, victim advocates, and prosecutors to understand this right
Evaluation and improvement of notification procedures so that victims can be heard at the above public proceedings
Understanding that the definition of victim has expanded
Accommodations and education
Unable to attend in person
Best Practices

34. Victim Privacy: Ohio Const. Art. I, § 10a(A)(6)
Marsy’s Law allows victims to refuse defense interview, deposition, or discovery requests requests, except as authorized by Article I, Section 10 of Ohio’s Constitution.
Victim Privacy: Ohio Const. Art. I, § 10a(A)(6)

35. Right to Confer: Ohio Const. Art. I, § 10a(A)(9) & ORC 2930.06
Per Marsy’s Law, victims have the right to confer with the prosecutor, upon request.
Right to Confer: Ohio Const. Art. I, § 10a(A)(9) & ORC

36. Right to Confer: Ohio Const. Art. I, § 10a(A)(9) & ORC 2930.06
Per ORC , to the extent practicable, prosecutors have to confer with victims:
Before dismissing or amending the indictment
Before agreeing to a plea
Before trial or adjudicatory hearing
Before pre-trial diversion is granted
If the court is notified that the prosecutor failed to confer, the court will note the failure to confer on the record and the reasons for it
Right to Confer: Ohio Const. Art. I, § 10a(A)(9) & ORC

37. Best Practices Education of roles and responsibilities
Reasonable limitations when requesting to confer
Document, Document, Document!
Facilitating communication with prosecutors through victim advocates
Intentional Collaboration….AGAIN!
Best Practices

38. Delay: Ohio Const. Art. I, § 10a(A)(8) & ORC 2930.08
Marsy’s Law provides victims with the right to proceedings free from unreasonable delay and to a prompt conclusion of the case.
Delay: Ohio Const. Art. I, § 10a(A)(8) & ORC

39. Delay: Ohio Const. Art. I, § 10a(A)(8) & ORC 2930.08
Per ORC :
Victims who have requested notice of scheduled proceedings may object to substantial delays in the case
The victim should be notified of the delay and given the opportunity to object and have this objection considered by the court
Delay: Ohio Const. Art. I, § 10a(A)(8) & ORC

40. Upon request, victims must be notified of:
Acquittal or conviction
Contact info for probation officer conducting pre-sentence investigation (PSI)
Time/date of sentencing
Sentence imposed
Right to make victim impact statement
Notification: ORC (Best Practices would be the same for this level of notification as previously discussed)

41. Right to be Heard: Ohio Const. Art. I, § 10a(A)(3) & ORC 2930.14
Victims have the right to make an oral or written impact statement prior to sentencing of the offender
VIS are confidential, but defendants can view copies of written VIS
If a victim brings up new material info, the court must continue the hearing to give the defendant the chance to respond
Courts may allow a victim’s family members to give impact statements as well
Right to be Heard: Ohio Const. Art. I, § 10a(A)(3) & ORC

42. Best Practices Accommodations and Accessibility
Effective Communication Methods
Closed Circuit
Facility Dogs
Victim Impact Statement Templates
OCVJC Toolkit
Best Practices

43. Restitution: Ohio Const. Art. I, § 10a(A)(7)
Marsy’s Law makes restitution mandatory so long as the victim can prove their losses
In order for restitution to be awarded, losses must be proven
Alert victims to save receipts, invoices, estimates, medical bills, etc.
Restitution: Ohio Const. Art. I, § 10a(A)(7)

44. With restitution being mandatory, advocates should work with victims to collect the documentation needed to support restitution
Education of restitution and victim responsibilities
ORC & ORC – Restitution must be made to the victim in open court, the probation department, clerk of courts, or other agency designated by the court
Failure to pay restitution can be considered a violation of community control – Reporting, etc.
Best Practices

45. Upon request, a victim is entitled to notice of appeal, including:
Explanation of appellate process
Whether defendant will be released on bail
Time and place of appellate proceedings
Result of appeal
Notification: Ohio Const. Art. I, § 10a(A)(2) & ORC (Best Practices are the same for this level of notification as previously discussed)

46. Notification: Ohio Const. Art. I, § 10a(A)(5)
Under Marsy’s Law, upon request, victims are entitled to notice of any release or escape of the offender.
Notification: Ohio Const. Art. I, § 10a(A)(5)

47. Rights to be Informed and Heard
Post-Conviction
Rights to be Informed and Heard

48. Upon request, prosecutors must notify victims of:
Incarceration and release date of offenders
Info on Ohio Department of Rehabilitation and Correction Victims’ Services
Hearings on judicial release
Notification: ORC

49. Victims of violent felony offenses of the 1st, 2nd, or 3rd degree will automatically receive the following notifications from DRC
Other victims MUST REQUEST:
Notification of pardon or commutation
Parole
And opportunity to attend parole board hearing and make a statement prior to parole
Transfer to transitional control
Escape and Recapture
Death of offender
Notification: ORC

50. Best Practices Linking victim to the ODRC Office of Victims’ Services
Resources available in their community for continued resiliency and recovery
A warm hand-off
Focus on competent continuity of care
All of these can be done by any advocate or allied professional working with the victim or who has contact with the victim.
Best Practices

51. Ohio Crime Victim Justice Center
Ohio Crime Victim Justice Center Ohio Victim Witness Association PO Box Northwoods Blvd., Suite B6 Powell, Ohio Columbus, OH |