HARRISBURG, Pa. – An amendment to the state Constitution promoted as enshrining the rights of crime victims may be on the Pennsylvania ballot in November, but opponents fear it could do more harm than good.

Marcy's Law passed in the Senate for the second time on Wednesday, but must be approved by voters in the General Election before it can go into effect. Supporters say the amendment would give crime victims rights equal to those of the accused – like a right to restitution, to be advised of all developments, and a right to refuse depositions and discovery requests.

But according to Elizabeth Randol, legislative director at the American Civil Liberties Union of Pennsylvania, the law gives alleged victims a role in criminal proceedings before there's been a determination of guilt.

"By inserting them into the process and giving them constitutional rights, it would run headfirst into the presumption of innocence that the framers were insistent was in place before the state was able to incarcerate – if not execute – someone," says Randol.

She notes that Marcy's Law doesn't bring any additional resources for victims' services and has no provisions to guarantee that it is enforced.

Randol points out that South Dakota passed a version of Marcy's Law that, like the Pennsylvania law, states that every victim of even the most petty crime is entitled to the notification provisions of the law.

"All their agencies were doing was spending time on notifications and couldn't do any of the other work that they were trying to get done on behalf of victims," says Randol. “So, they had to go back and re-amend their constitution and make those notifications an opt-in."

She adds that under current Pennsylvania law, people can register as crime victims and select the kinds of notifications they want to receive.

Now that Marcy's Law has cleared the General Assembly, the state needs to publicize the proposed amendment and decide on the exact language voters will see on the ballot. Randol notes this process also can be difficult.

"Kentucky just permanently blocked implementation of Marcy's law because the ballot language was so vague, it did not properly communicate to voters what exactly it did and the amount of money that it was going to cost," says Randol.

She believes Marcy's Law would do little actual good for Pennsylvania crime victims, while putting long-recognized rights of the accused in serious jeopardy.

In Jackson, where violent crime rates have historically been high, a local organization called Operation Good is taking a proactive, community-driven approach to reducing violence without relying solely on law enforcement.

Frederick Womack, executive director of Operation Good, better known as Gino, focuses on violence intervention, mediation and mentoring to address the root causes of crime in Mississippi's capital city. In one recent case where homicide was involved, Womack intervened in a potential retaliation killing.

"Constantly killing someone for revenge is a never-ending cycle," Womack pointed out. "After we talk to the people involved and the person involved in the homicide, I think they ended up turning themself in. So that pretty much stopped retaliation killing in Jackson."

Womack noted violent crime in Jackson has dropped 38% based on early December data and reported a steady decline year over year since Operation Good began its community interventions. Unlike traditional policing, which he described as largely reactionary, Operation Good focuses on preventing crime by mediating disputes before they escalate.

Operation Good believes communities can best police themselves. While the Jackson Police Department did not respond to a request for comment, Womack stressed their relationship has improved, especially with his precinct commander, who understands the value of a different approach.

"Traditional law enforcement approaches are not the best approaches to causing a reduction in violence," Womack contended. "So with it, there's been success with our relationship."

According to the Bureau of Justice Statistics, Black people are more than three times as likely as white people to experience use of force during law enforcement encounters, a pattern Womack said he sees regularly.

"The white population in our community commit probably 90% of all crime but they never get targeted as the person for the crime because they're white," Womack asserted. "They could be drug addicts, dope fiends, even in those conditions, police still don't mess with them, but they will kick in a Black woman's door."

Womack believes empowering communities to take charge of their own safety can reduce racial bias, as residents hold individuals accountable based on actions, not race. As more communities explore alternatives to traditional policing, Operation Good's model offers a blueprint for reducing violence and fostering safer neighborhoods without increasing police presence.


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If you have any unpaid traffic or parking tickets, the latest report on Wisconsin's municipal courts said in some areas, you could go to jail if you do not pay them, and the risk is higher for people of color.

The report from the ACLU of Wisconsin showed most municipal courts across the state do not issue jail sentences or fines, known as "carceral sanctions," but some still do.

Emma Shakeshaft, senior staff attorney and researcher for the ACLU of Wisconsin, said it seems the burden falls harder on under-resourced residents.

"The detrimental effect of these forfeitures in general, and especially warrants and commitments, fall disproportionately on communities without resources -- financial resources -- and people of color," Shakeshaft reported.

Of the more than 200 municipal courts in Wisconsin, the report showed about 52 still impose jail time and fines. While the report does not include a statistical analysis of racial disparities, Shakeshaft pointed out that court-provided data show about 70% of warrants and about 50% of commitments issued in Milwaukee between January 2023 and August 2024 were for defendants who are Black.

If you find yourself in a municipal court and cannot afford to pay your tickets, Shakeshaft noted you have the right to request what is known as a poverty hearing, to request payment alternatives. But the report found instead, most of the courts still using carceral sanctions implement aggressive tactics like jailing people for unpaid tickets to increase enforcement and funding.

Shakeshaft added some people have multiple unpaid tickets for city ordinance violations, from traffic or parking tickets to disorderly conduct and issues with vehicle registrations.

"Paying that off can be an incredibly difficult task," Shakeshaft emphasized. "For people who can't afford it, they're just continuously kept in the legal system."

Shakeshift stressed while the infractions are not criminal offenses, the outcome for some people is the same in courts issuing carceral sanctions. The ACLU of Wisconsin is asking all municipal courts across the state to end the practices and implement what it called a more rational and equitable approach to addressing debts.


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This week, President Joe Biden commuted the sentences of 37 people with federal death row convictions to life sentences without parole.

Groups working on criminal justice reform said it is a start but they would like to see him do more. According to the advocacy group FWD.US, one in two Americans has experienced incarceration in their immediate family and one in three has a criminal record.

Zoë Towns, executive director of FWD.US, applauded Biden's actions and urged him to focus on clemency for those still serving long sentences.

"What we are calling on is for the President in these final weeks of his administration, focus clemency on sentence commutations for people who are in prison," Towns explained. "However, of all of those people -- the pardons and the commutations on home confinement -- nobody actually walked home from prison, right? Nobody's prison term was reduced in any way."

Towns noted most recent commutations for people on house arrest basically removes the threat of reincarceration. She added they are cautiously optimistic Biden will focus on the issue, as a White House news release mentioned the possibility of more pardons and commutations.

Towns pointed out many long-term prison sentences disproportionately affect Black people, citing racial disparities in the harsher past sentences for cocaine possession. The 2010 Fair Sentencing Act reduced the gap but Towns added many remain imprisoned under outdated laws, underscoring the need for clemency.

"We believe that the federal prison population is far too large," Towns contended. "One in eight people who are in prison in the United States are incarcerated in the federal system. There are thousands of people -- nearly 200,000 people -- who have been in that system, who are serving extremely long sentences, and they need attention."

In a bipartisan poll conducted this fall by FWD.US, Towns said more than 80% of respondents agreed clemency should be used more frequently to address lengthy sentences.


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