California voters approved Proposition 9, the Victim’s Bill of Rights Act, in 2008. Better known as Marsy’s Law, the Act expanded the rights of victims to be notified of parole hearings, present information to the Board of Parole Hearings, and to require the Board to consider the “entire and uninterrupted” statements of victims, their families and their representatives. It also amended California Penal Code §3041.5 to increase the period of time between parole hearings, while still allowing for earlier hearings if a change in circumstances or new information subsequently established that there was a reasonable probability a prisoner was suitable for parole.

California applied Marsy’s Law uniformly to prisoners incarcerated before and after the initiative was approved, but prisoners like Michael Vicks question whether the law is fair.

Vicks claims that Marsy’s Law is an ex post facto law when applied to anyone who was in jail before the law became effective. Two lower courts sided with Vicks. This week, however, the California Supreme Court reversed those decisions, holding that the law should be applied to life sentence prisoners, regardless of when they were sentences.

California Chief Justice Tani Cantil-Sakauye wrote for the court, “Although multiple changes to the parole scheme contribute to longer periods between hearings, the changes have no cumulative effect that would create a significant risk of prolonged incarceration,” The Associated Press reports.

The decision will likely save cash-strapped California money, but is it the right one? Share your thoughts with us on Facebook or Google+ .

Related Resources:

  • In re Vicks (FindLaw’s CaseLaw)
  • California High Court Upholds Marsy’s Law Delays in Parole Hearings (Los Angeles Times)
  • How Officials Determine Parole Eligibility (FindLaw’s Blotter)

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