Perspective
Jan. 30, 2013
Victims not being told of their constitutional right to counsel
That is what is happening on the streets and in the courtrooms across the state - the rapist is advised of his right to counsel, but the rape victim is not. By Antonio R. Sarabia II
People v. Smith, 198 Cal. App. 4th 415, 439 (2011), held that Marsy's Law added a constitutional right to counsel for victims. "[Victim] Doe had a right to not only be notified of the restitution and to be present, but also to be heard. She was also entitled to have counsel represent her in being heard." The court cited Article 1, Section 28(c)(1) of the state constitution, which Marsy's law added. California ...
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