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PRO SE STANDARD OF REVIEW
Judges and court must give Pro Ses wide latitude and can not dismiss an action if
there is any valid cause that they can see, even if you are not pointing out the right
law and presenting it well
The following is from our Reply Brief to the Second Circuit Court of Appeals. Feel free to use it and
pass it along to others. .
‘Thomas M. Dutkiewicz, President
PRO SE STANDARD OF REVIEW
Because the Plaintiff is pro se, the Court has a higher standard when faced with a motion to dismiss,
White v. Bloom, 621 F.2d 276 makes this point clear and states: A court faced with a motion to
dismiss a pro se complaint must read the complaint's allegations expansively, Haines-v. Kerner, 404
USS. 519, 520-21, 92 S. Ct. 594, 596, 30 L. Ed. 2d 652 (1972), and take them as true for purposes of
deciding whether they state a claim. Cruz v. Beto, 405 U.S. 319, 322, 92 S. Ct. 1079, 1081, 31 L. Ed.
2d 263 (1972).
Pro se litigants' court submissions are to be construed liberally and held to less stringent standards
than submissions of lawyers. If the court can reasonably read the submissions, it should do so despite
failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence
construction, or litigant's unfamiliarity with rule requirements. Boag v. MacDougall, 454 U.S. 364,
102 S.Ct. 700, 70 L.Ed.2d 551 (1982); Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d
251 (1976)(quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); Haines
v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); McDowell v. Delaware State Police,
88 F.3d 188, 189 (3rd Cir. 1996); United States v. Day, 969 F.2d 39, 42 (3rd Cir. 1992)(holding pro
se petition cannot be held to same standard as pleadings drafted by attorneys); Then v. I.N.S., 58
F.Supp.2d 422, 429 (D.N.J. 1999).
The courts provide pro se parties wide latitude when construing their pleadings and papers. When
interpreting pro se papers, the Court should use common sense to determine what relief the party
desires. S.E.C. v. Elliott, 953 F.2d 1560, 1582 (11th Cir. 1992). See also, United States v. Miller,
197 F.3d 644, 648 (3rd Cir. 1999) (Court has special obligation to construe pro se litigants' pleadings
liberally); Poling v. K.Hovnanian Enterprises, 99 F.Supp.2d 502, 506-07 (D.N.J. 2000).
Defendant has the right to submit pro se briefs on appeal, even though they may be in artfully drawn
but the court can reasonably read and understand them. See, Vega v. Johnson, 149 F.3d 354 (Sth Cir.
1998). Courts will go to particular pains to protect pro se litigants against consequences of technical
errors if injustice would otherwise result. U.S. v. Sanchez, 88 F.3d 1243 (D.C.Cir. 1996).
Moreover, "the court is under-a duty to examine the complaint to determine if the allegations provide
for relief on any possible theory." Bonner v. Circuit Court of St. Louis, 526 F.2d 1331, 1334 (8th Cir.
1975) (quoting Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1974)). Thus, if this court were to
entertain any motion to dismiss this court would have to apply the standards of White v. Bloom.
Furthermore, if there is any possible theory that would entitle the Plaintiff to relief, even one that the
Plaintiff hasn't thought of, the court cannot dismiss this case.Preise TAke NOTICE
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THIS MATTER.California Constitution Articl- ™ * 28 (2018) - Declaration of Rights ::°° 3 California Co... Page 1 of 6
Laws & Legal Resources.
2018 California Constitution
Article I - Declaration of Rights
Section 28.
Universal Citation: CA Constitution art I § 28 (2018)
SEC. 28.
(a) The People of the State of California find and declare all of the following:
(1) Criminal activity has a serious impact on the citizens of California. The rights of victims
of crime and their families in criminal prosecutions are a subject of grave statewide concern.
comprehensive provisions and la ot crime, including
safeguards in the criminal justice system fully protecting those rights and ensuring that
crime victims are treated with respect and dignity, is a matter of high public importance.
California’s victims of crime are largely dependent upon the proper functioning of
government, upon the criminal justice system and upon the expeditious enforcement of the
rights of victims of crime described herein, in order to protect the public safety and to secure
justice when the public safety has been compromised by criminal activity.
(3) The rights of victims pervade the criminal justice system. These rights include personally -
held and enforceable rights described in paragraphs (1) through (17) of subdivision (b).
(4) The rights of victims also include broader shared collective rights that are held in
common with all of the People of the State of California and that are enforceable through the
enactment of laws and through good-faith efforts and actions of California’s elected,
https://law.justia.com/constitution/california/article-i/section-28/ - 6/23/2020California Constitution Article ™ § 28 (2018) - Declaration of Rights :: 9°'8 California Co... Page 2 of 6
appointed, and publicly employed officials. These rights encompass the expectation shared
with all of the people of California that persons who commit felonious acts causing injury to
innocent victims will be appropriately and thoroughly investigated, appropriately detained
-in custody, brought before the courts of California ev ‘outside the State, tried by
the courts in a timel nner, i uunished so that
is protected ‘aged as a goal of highest importance.
(5) Victims of crime have a collectively shared right to.expect that persons convicted of
committing criminal acts are sufficiently punished in both the manner and the length of the
sentences imposed by the courts of the State of California. This right includes the right to
expect that the punitive and deterrent effect of custodial sentences imposed by the courts
will not be undercut or diminished by the granting of rights and privileges to prisoners that
are not required by any provision of the United States Constitution or by the laws of this
State to be granted to any person incarcerated in a penal or other custodial facility in this
State as a punishment or correction for the commission of a crime.
(6) Victims of crime are entitled to finality in their criminal cases. Lengthy appeals and
other post-judgment proceedings that challenge criminal convictions, frequent and difficult
parole hearings that threaten to release criminal offenders, and the ongoing threat that the
sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for
many years after the crimes themselves have been perpetrated. This prolonged suffering of
crime victims and their families must come to an end.
(7) Finally, the People find and declare that the right to public safety extends to public and
private priititry,elementaxpyjunior highsand segigr. high school,.and community college,
California State University, University: of.California, and private college and university
campuses, where students and staff have the right to be safe and secure in their persons.
(8) To accomplish the goals it is necessary that the laws of California relating to the criminal
justice process be amended in order to protect the legitimate rights of victims of crime.
(b) In order to preserve and protect a victim’s rights to justice and due process, a victim
shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be free
from intimidation, harassment, and abuse, throughout the criminal or juvenile justice
process.
(2) To be reasonably protected from the defendant and persons acting on behalf of the
defendant.
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(3) To have the safety of the victim and the victim’s family considered in fixing the amount
of bail and release conditions for the defendant.
(4) To prevent the disclosure of confidential informatiorPemreesids to the defendant, the
defendant’s attorney, or any other person acting on behalf of the defendant, which could be
used to locate or harass the victim or the victim’s family or which disclose confidential
communications made in the course of medical or counseling treatment, or which are
otherwise privileged or confidential by law.
(5) To refuse an interview, deposition, or discovery request by the defendant, the.
defendant’s attorney, or any other person acting on behalf of the defendant, and to set
reasonable conditions on the conduct of any such interview to which the victim consents.
(6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon
request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed,
the determination whether to extradite the defendant, and, upon request, to be notified of
and informed before any pretrial disposition of the case.
(7) To reasonable notice of all public proceedings, including delinquency proceedings, upon
request, at which the defendant and the prosecutor are entitled to be present and of all
parole or other post-conviction release proceedings, and to be present at all such
proceedings.
(8) To be heard, upon request, at any proceeding, including any delinquency proceeding,
involving a post-arrest release decision, plea, sentencing, post-conviction release decision,
or any proceeding in which a right of the victim is at issue.
(9) To a speedy trial and a prompt and final conclusion of the case and any related post-
judgment proceedings.
(10) To provide information to a probation department official conducting a pre-sentence
investigation concerning the impact of the offense on the victim and the victim’s family and
any sentencing recommendations before the sentencing of the defendant.
(11) To receive, upon request, the pre-sentence report when available to-the defendant,
except for those portions made confidential by law.
(12) To be informed, upon request, of the conviction, sentence, place and time of
incarceration, or other disposition of the defendant, the scheduled release date of the
defendant, and the release of or the escape by the defendant from custody.
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(13) To restitution.
(A) It is the unequivocal intention of the People of the State of California that all persons
who suffer losses as a result of criminal activity shall have the right to seek and secure
restitution from the persons convicted of the crimes causing the losses they suffer.
(B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of
the sentence or disposition imposed, in which a crime victim suffers a loss.
(C) All monetary payments, monies, and property collected from any person who has been
ordered to make restitution shall be first applied to pay the amounts ordered as restitution
to the victim.
(14) To the prompt return of property when no longer needed as evidence.
(15) To be informed of all parole procedures, to participate in the parole process, to provide
information to the parole authority to be considered before the parole of the offender, and to
be notified, upon request, of the parole or other release of the offender.
(16) To have the safety of the victim, the victim’s family, and the general public considered
before any parole or other post-judgment release decision is made.
(17) To be informed of the rights enumerated in paragraphs (1) through (16).
(c) @) A victim, the retained attorney of a victim, a lawful representative of the victim, or the
prosecuting attorney upon request of the victim, may enforce the rights enumerated in
subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of
right. The court shall act promptly on such a request.
(2) This section 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 of its political subdivisions, or any officer or employee of the court.
(d) The granting of these rights to victims shall not be construed to deny or disparage other
rights possessed by victims. The court in its discretion may extend the right to be heard at
sentencing to any person harmed by the defendant. The parole authority shall extend the
right to be heard at a parole hearing to any person harmed by the offender.
(e) As used in this section, a “victim” is a person who suffers direct or threatened physical,
psychological, or financial harm as a result of the commission or attempted commission of a
crime or delinquent act. The term “victim” also includes the person’s spouse, parents,
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children, siblings, or guardian, and includes a lawful representative of a crime victim who is
deceased, a minor, or physically or psychologically incapacitated. The term “victim” does not
include a person in custody for an offense, the accused, or a person whom the court finds
would not act in the best interests of a minor victim.
(f) In addition to the enumerated rights provided in subdivision (b) that are personally
enforceable by victims as provided in subdivision (c), victims of crime have additional rights
that are shared with all of the People of the State of California. These collectively held rights
include, but are not limited to, the following:
(4) Right to Safe Schools.All students and staff of public primary, elementary, junior high,
and senior high schools, and community colleges, colleges, and universities have the
inalienable right to attend campuses which are safe, secure and peaceful.
(2) Right to Truth-in-Evidence.Except as provided by statute hereafter enacted by a two-
thirds vote of the membership in each house of the Legislature, relevant evidence shall not
be excluded in any criminal proceeding, including pretrial and post conviction motions and
hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in
juvenile or adult court. Nothing in this section shall affect any existing statutory rule of
evidence relating to privilege or hearsay, or Evidence Code Sections 352, 782 or 1103.
Nothing in this section shall affect any existing statutory or constitutional right of the press.
(3) Public Safety Bail.A person may be released on bail by sufficient sureties, except for
capital crimes when the facts are evident or the presumption great. Excessive bail may not
be required. In setting, reducing or denying bail, the judge or magistrate shall take into
consideration the protection of the public, the safety of the victim, the seriousness of the
offense charged, the previous criminal record of the defendant, and the probability of his or
her appearing at the trial or hearing of the case. Public safety and the safety of the victim
shall be the primary considerations.
A person may be released on his or her own recognizance in the court’s discretion, subject to
the same factors considered in setting bail.
Before any person arrested for a serious felony may be released on bail, a hearing may be
held before the magistrate or judge, and the prosecuting attorney and the victim shall be
given notice and reasonable opportunity to be heard on the matter.
When a judge or magistrate grants or denies bail or release on a person’s own recognizance,
the reasons for that decision shall be stated in the record and included in the court’s
minutes. ,
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(4) Use of Prior Convictions.Any prior felony conviction of any person in any criminal
proceeding, whether adult or juvenile, shall subsequently be used without limitation for
purposes of impeachment or enhancement of sentence in any criminal proceeding. When a
prior felony conviction is an element of any felony offense, it shall be proven to the trier of
fact in open court.
(5) Truth in Sentencing.Sentences that are individually imposed upon convicted criminal
wrongdoers based upon the facts and circumstances surrounding their cases shall be carried
out in compliance with the courts’ sentencing orders, and shall not be substantially
diminished by early release policies intended to alleviate overcrowding in custodial facilities.
The legislative branch shall ensure sufficient funding to adequately house inmates for the
full terms of their sentences, except for statutorily authorized credits which reduce those
sentences.
(6) Reform of the parole process.The current process for parole hearings is excessive,
especially in cases in which the defendant has been convicted of murder. The parole hearing
process must be reformed for the benefit of crime victims.
(g) As used in this article, the term “serious felony” is any crime defined in subdivision (c) of
Section 1192.7 of the Penal Code, or any successor statute.
(Sec. 28 amended Nov. 4, 2008, by Prop. 9. Initiative measure.)
Disclaimer: This Constitution may not be the most recent version. California may have more current or
accurate information. We make no warranties or guarantees about the accuracy, completeness, or
adequacy of the information contained on this site or the information linked to on the state site. Please
check official sources.
https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020Marsy's Law - Office of Victim and Survivor Rights and Services (OVSRS) Page 1 of 3
Marsy’s Law
On November 4, 2008, the People of the State of California approved Proposition 9,
-the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the
California Constitution to provide additional rights to victims. This card contains
specific sections of the Victims’ Bill of Rights and resources. Crime victims may
obtain additional information regarding Marsy's Law and local Victim Witness
Assistance Center information by contacting the Attomey General's Victim Services
Unit at 1-877-433-9069.
3041.5 and 3043 in
regards to lifer Parole Suitability Hearings. Click here
(https://www.cdcr.ca.gov/bph/marsys-law/) for more information regarding these
changes.
California Constitution, Article |, Section 28(b)
(b) In order to pres: ta victim's rights to justice and due a
victim shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be
free from intimidation, harassment, and abuse, throughout the criminal or juvenile
justice process.
(2) To be reasonably protected from the defendant and persons acting on behalf of
the defendant.
(8) To have the safety of the victim and the victim's family considered in fixing the
amount of bail and release conditions for the defendant.
(4) To prevent the disclosure of confidential information or records to the defendant,
the defendant's attorney, or any other person acting on behalf of the defendant, which
could be used to locate or harass the victim or the victim’s family or which disclose
confidential communications made in the course of medical or counseling treatment,
or which are otherwise privileged or confidential by law.
(5) To refuse an interview, deposition, or discovery request by the defendant, the .
defendant's attorney, or any other person acting on behalf of the defendant, and to
set reasonable conditions on the conduct of any such interview to which the victim
consents.
(6) To reasonable notice of and to reasonably confer with the prosecuting agency,
upon request, regarding, the arrest of the defendant if known by the prosecutor, the
charges filed, the determination whether to extradite the defendant, and, upon
request, to be notified of and informed before any pretrial disposition of the case.
https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy’s Law ~ Office of Victim and Survivor Rights and Services (OVSRS) Page 2 of 3
(7) To reasonable notice of all public proceedings, including delinquency proceedings,
upon request, at which the defendant and the prosecutor are entitled to be present
and of all parole or other post- -conviction release proceedings, and to be present at all
such proceedings.
(8) To be heard, upon request, at any proceeding, including any delinquency
proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction
release decision, or any proceeding in which a right of the victim is at issue.
(9) To a speedy trial and a prompt and final conclusion of the case and any related
post-judgment proceedings.
(10) To provide information to a probation department official conducting a
presentence investigation concerning the impact of the offense on the victim and the
victim's family and any sentencing recommendations before the sentencing of the
defendant.
(11) To receive, upon request, the pre-sentence report when available to the
defendant, except for those portions made confidential by law.
(12) To be informed, upon request, of the conviction, sentence, place and time of
incarceration, or other disposition of the defendant, the scheduled release date of the
defendant, and the release of or the escape by the defendant from custody.
(13) To restitution.
(A) It is the unequivocal intention of the People of the State of California that all
persons who suffer losses as a result of criminal activity shall have the right to seek
and secure restitution from the persons convicted of the crimes causing the losses
they suffer.
(B) Restitution shall be ordered from the convicted wrongdoer in every case,
regardless of the sentence or disposition imposed, in which a crime victim suffers a
loss.
(C) All monetary payments, monies, and property collected from any person who has
been ordered to make restitution shall be first applied to pay the amounts ordered as
restitution to the victim.
(14) To the prompt return of property when no longer needed as evidence.
(15) To be informed of all parole procedures, to participate in the parole process, to
provide information to the parole authority to be considered before the parole of the
offender, and to be notified, upon request, of the parole or other release of the
offender.
(16) To have the safety of the victim, the victim's family, and the general public
considered before any parole or other post-judgment release decision is made.
https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy's Law - Office of Victim and Survivor Rights and Services (OVS? S) Page 3 of 3
(17) To be informed of the rights enumerated in paragraphs (1) through (16).
SOURCE: Office of the Attorney General — Victim Services Unit
(https://oag.ca.gov/victimservices)
Statewide & National Resources
Victim's Compensation Program (http://www.vegcb.ca.gov/victims/default.aspx)
California Attorney General — Victim Services Unit
(https://oag.ca.gov/victimservices/)
Rape, Abuse, Incest, National Network (http://www. rainn.org/)
1-800-656-HOPE
California Partnership to End Domestic Violence (http://www.cpedv.org)
1-800-524-4765
Center for Missing & Exploited Children (http://www.missingkids.com)
1-800-THE-LOST
National Center for Victims of Crime (http://www.victimsofcrime.org)
1-800-394-2255
National Domestic Violence Hotline (http://thehotline.org)
1-800-799-SAFE (7233)
Parents of Murdered Children (http://www.pomc.com)
1-888-818-POMC
More Resources (https://www.cdcr.ca.gov/victim-services/resources-other/)
https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Facet ee LEG =sT THIS Count MAlce THe
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Laws & Legal Resources.
2018 California Constitution
Article I - Declaration of Rights
Section 28.
Universal Citation: CA Constitution art I § 28 (2018)
SEC. 28.
(a) The People of the State of California find and declare all of the following:
(1) Criminal activity has a serious impact on the citizens of California. The rights of victims
of crime and their families in criminal prosecutions are a subject of grave statewide concern.
safeguards in the criminal justice system fully protecting those rights and ensuring that
crime victims are treated with respect and dignity, is a matter of high public importance.
California’s victims of crime are largely dependent upon the proper functioning of
government, upon the criminal justice system and upon the expeditious enforcement of the
rights of victims of crime described herein, in order to protect the public safety and to secure
justice when the public safety has been compromised by criminal activity.
(3) The rights of victims pervade the criminal justice system. These rights include personally
held and enforceable rights described in paragraphs (1) through (17) of subdivision (b).
(4) The rights of victims also include broader shared collective rights that are held in
common with all of the People of the State of California and that are enforceable through the
enactment of laws and through good-faith efforts and actions of California’s elected,
https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020THE SFPD WAS VEVER Crece THE
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appointed, and publicly employed officials. These rights encompass the expectation shared
with all of the people of California that persons who commit felonious acts causing injury to
innocent victims will be appropriately and thoroughly investigated, appropriately detained
the courts in a timely manner, sentenced, and sufficiently punished so that the public safety,
is protected and encouraged as a goal of highest importance. _
(5) Victims of crime have a collectively shared right to.expect that persons convicted of
committing criminal acts are sufficiently punished in both the manner and the length of the
sentences imposed by the courts of the State of California. This right includes the right to
expect that the punitive and deterrent effect of custodial sentences imposed by the courts
will not be undercut or diminished by the granting of rights and privileges to prisoners that
are not required by any provision of the United States Constitution or by the laws of this
State to be granted to any person incarcerated in a penal or other custodial facility in this
State as a punishment or correction for the commission of a crime.
(6) Victims of crime are entitled to finality in their criminal cases. Lengthy appeals and
other post-judgment proceedings that challenge criminal convictions, frequent and difficult
parole hearings that threaten to release criminal offenders, and the ongoing threat that the
sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for
many years after the crimes themselves have been perpetrated. This prolonged suffering of
crime victims and their families must come to an end.
(7) Finally, the People find and declare that the right to public safety extends to public and
private pritfitiry,elementanyyjunior highsand sexigr high school,.and community college,
California State University,:University.of-California, and private college and university
campuses, where students and staff have the right to be safe and secure in their persons.
(8) To accomplish the goals it is necessary that the laws of California relating to the criminal
justice process be amended in order to protect the legitimate rights of victims of crime.
(b) In order to preserve and protect a victim’s rights to justice and due process, a victim
Shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be free
from intimidation, harassment, and abuse, throughout the criminal or juvenile justice
process.
(2) To be reasonably protected from the defendant and persons acting on behalf of the
defendant.
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(3) To have the safety of the victim and the victim’s family considered in fixing the amount
of bail and release conditions for the defendant.
(4) To prevent the disclosure of confidential informatidn6Precérds to the defendant, the
defendant’s attorney, or any other person acting on behalf of the defendant, which could be
used to locate or harass the victim or the victim’s family or which disclose confidential
communications made in the course of medical or counseling treatment, or which are
otherwise privileged or confidential by law.
(5) To refuse an interview, deposition, or discovery request by the defendant, the
defendant’s attorney, or any other person acting on behalf of the defendant, and to set
reasonable conditions on the conduct of any such interview to which the victim consents.
(6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon
request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed,
the determination whether to extradite the defendant, and, upon request, to be notified of
and informed before any pretrial disposition of the case.
(7) To reasonable notice of all public proceedings, including delinquency proceedings, upon
request, at which the defendant and the prosecutor are entitled to be present and of all
parole or other post-conviction release proceedings, and to be present at all such
proceedings.
(8) To be heard, upon request, at any proceeding, including any delinquency proceeding,
involving a post-arrest release decision, plea, sentencing, post-conviction release decision,
or any proceeding in which a right of the victim is at issue.
(9) To a speedy trial and a prompt and final conclusion of the case and any related post-
judgment proceedings.
(10) To provide information to a probation department official conducting a pre-sentence
investigation concerning the impact of the offense on the victim and the victim’s family and
any sentencing recommendations before the sentencing of the defendant.
(11) To receive, upon request, the pre-sentence report when available to the defendant,
except for those portions made confidential by law.
(12) To be informed, upon request, of the conviction, sentence, place and time of
incarceration, or other disposition of the defendant, the scheduled release date of the
defendant, and the release of or the escape by the defendant from custody.
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(13) To restitution.
(A) It is the unequivocal intention of the People of the State of California that all persons
who suffer losses as a result of criminal activity shall have the right to seek and secure
restitution from the persons convicted of the crimes causing the losses they suffer.
(B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of
the sentence or disposition imposed, in which a crime victim suffers a loss.
(C) All monetary payments, monies, and property collected from any person who has been
ordered to make restitution shall be first applied to pay the amounts ordered as restitution
to the victim.
(14) To the prompt return of property when no longer needed as evidence.
(15) To be informed of all parole procedures, to participate in the parole process, to provide
information to the parole authority to be considered before the parole of the offender, and to
be notified, upon request, of the parole or other release of the offender.
(16) To have the safety of the victim, the victim’s family, and the general public considered
before any parole or other post-judgment release decision is made.
(17) To be informed of the rights enumerated in paragraphs (1) through (16).
(c) (1) A victim, the retained attorney of a victim, a lawful representative of the victim, or the
prosecuting attorney upon request of the victim, may enforce the rights enumerated in
subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of
right. The court shall act promptly on such a request.
(2) This section 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 of its political subdivisions, or any officer or employee of the court.
(d) The granting of these rights to victims shall not be construed to deny or disparage other
rights possessed by victims. The court in its discretion may extend the right to be heard at
sentencing to any person harmed by the defendant. The parole authority shall extend the
right to be heard at a parole hearing to any person harmed by the offender.
(e) As used in this section, a “victim” is a person who suffers direct or threatened physical,
psychological, or financial harm as a result of the commission or attempted commission of a
crime or delinquent act. The term “victim” also includes the person’s spouse, parents,
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children, siblings, or guardian, and includes a lawful representative of a crime victim who is
deceased, a minor, or physically or psychologically incapacitated. The term “victim” does not
include a person in custody for an offense, the accused, or a person whom the court finds
would not act in the best interests of a minor victim.
(f) In addition to the enumerated rights provided in subdivision (b) that are personally
enforceable by victims as provided in subdivision (c), victims of crime have additional rights
that are shared with all of the People of the State of California. These collectively held rights
include, but are not limited to, the following:
(a) Right to Safe Schools.All students and staff of public primary, elementary, junior high,
and senior high schools, and community colleges, colleges, and universities have the
inalienable right to attend campuses which are safe, secure and peaceful.
(2) Right to Truth-in-Evidence.Except as provided by statute hereafter enacted by a two-
thirds vote of the membership in each house of the Legislature, relevant evidence shall not
be excluded in any criminal proceeding, including pretrial and post conviction motions and
hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in
juvenile or adult court. Nothing in this section shall affect any existing statutory rule of
evidence relating to privilege or hearsay, or Evidence Code Sections 352, 782 or 1103.
Nothing in this section shall affect any existing statutory or constitutional right of the press.
(3) Public Safety Bail.A person may be released on bail by sufficient sureties, except for
capital crimes when the facts are evident or the presumption great. Excessive bail may not
be required. In setting, reducing or denying bail, the judge or magistrate shall take into
consideration the protection of the public, the safety of the victim, the seriousness of the
offense charged, the previous criminal record of the defendant, and the probability of his or
her appearing at the trial or hearing of the case. Public safety and the safety of the victim
shall be the primary considerations.
A person may be released on his or her own recognizance in the court’s discretion, subject to
the same factors considered in setting bail.
Before any person arrested for a serious felony may be released on bail, a hearing may be
held before the magistrate or judge, and the prosecuting attorney and the victim shall be
given notice and reasonable opportunity to be heard on the matter.
When a judge or magistrate grants or denies bail or release on a person’s own recognizance,
the reasons for that decision shall be stated in the record and included in the court’s
minutes.
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oo 4
(4) Use of Prior Convictions.Any prior felony conviction of any person in any criminal
proceeding, whether adult or juvenile, shall subsequently be used. without limitation for
purposes of impeachment or enhancement of sentence in any criminal proceeding. When a
prior felony conviction is an element of any felony offense, it shall be proven to the trier of
fact in open court.
(5) Truth in Sentencing.Sentences that are individually imposed upon convicted criminal
wrongdoers based upon the facts and circumstances surrounding their cases shall be carried
out in compliance with the courts’ sentencing orders, and shall not be substantially
diminished by early release policies intended to alleviate overcrowding in custodial facilities.
The legislative branch shall ensure sufficient funding to adequately house inmates for the
full terms of their sentences, except for statutorily authorized credits which reduce those
sentences.
(6) Reform of the parole process.The current process for parole hearings is excessive,
especially in cases in which the defendant has been convicted of murder. The parole hearing
process must be reformed for the benefit of crime victims.
(g) As used in this article, the term “serious felony” is any crime defined in subdivision (c) of
Section 1192.7 of the Penal Code, or any successor statute.
(Sec. 28 amended Nov. 4, 2008, by Prop. 9. Initiative measure.)
Disclaimer: This Constitution may not be the most recent version. California may have more current or
accurate information. We make no warranties or guarantees about the accuracy, completeness, or
adequacy of the information contained on this site or the information linked to on the state site. Please
check official sources.
https://law.justia.com/constitution/california/article-i/section-28/ 6/23/2020Marsy's Law - Office of Victi~ «nd Survivor Rights and Services (OV°".“) Page 1 of 3
Marsy's Law
On November 4, 2008, the_People of the State of California approved Proposition 9,
-the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the
California Constitution to provide additional rights to victims. This card contains
specific sections of the Victims’ Bill of Rights and resources. Crime victims may
obtain additional information regarding Marsy’s Law and local Victim Witness
Assistance Center information by contacting the Attorney General’s Victim Services
Unit at 1-877-433-9069.
Marsy’s Law also amended California Penal Code sections 3041.5 and 3043 in
regards to lifer Parole Suitability Hearings. Click here
(https://www.cdcr.ca.gov/bph/marsys-law/) for more information regarding these
changes.
California Constitution, Article |, Section 28(b)
(b) In order to pres ta victim's rights to justice and du a
victim shall be entitled to the following rights:
(1) To be treated with fairness and respect for his or her privacy and dignity, and to be
free from intimidation, harassment, and abuse, throughout the criminal or juvenile
justice process.
(2) To be reasonably protected from the defendant and persons acting on behalf of
the defendant.
(8) To have the safety of the victim and the victim's family considered in fixing the
amount of bail and release conditions for the defendant.
(4) To prevent the disclosure of confidential information or records to the defendant,
the defendant's attorney, or any other person acting on behalf of the defendant, which
could be used to locate or harass the victim or the victim’s family or which disclose
confidential communications made in the course of medical or counseling treatment,
or which are otherwise privileged or confidential by law.
(5) To refuse an interview, deposition, or discovery request by the defendant, the
defendant's attorney, or any other person acting on behalf of the defendant, and to
set reasonable conditions on the conduct of any such interview to which the victim
consents. .
(6) To reasonable notice of and to reasonably confer with the prosecuting agency,
upon request, regarding, the arrest of the defendant if known by the prosecutor, the
charges filed, the determination whether to extradite the defendant, and, upon
request, to be notified of and informed before any pretrial disposition of the case.
https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy's Law - Office of Victir- ~~d Survivor Rights and Services (OVE? SY Page 2 of 3
(7) To reasonable notice of all public proceedings, including delinquency proceedings,
upon request, at which the defendant and.the prosecutor are entitled to be present
and of all parole or other post-conviction release proceedings, and to be present at all
such proceedings.
(8) To be heard, upon request, at any proceeding, including any delinquency
proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction
release decision, or any proceeding in which a right of the victim is at issue.
(9) To a speedy trial and a prompt and final conclusion of the case and any related
post-judgment proceedings.
(10) To provide information to a probation department official conducting a
presentence investigation concerning the impact of the offense on the victim and the
victim's family and any sentencing recommendations before the sentencing of the
defendant.
(11) To receive, upon request, the pre-sentence report when available to the
defendant, except for those portions made confidential by law.
(12) To be informed, upon request, of the conviction, sentence, place and time of
incarceration, or other disposition of the defendant, the scheduled release date of the
defendant, and the release of or the escape by the defendant from custody.
(13) To restitution.
(A) It is the unequivocal intention of the People of the State of California that all
persons who suffer losses as a result of criminal activity shall have the right to seek
and secure restitution from the persons convicted of the crimes causing the losses
they suffer.
(B) Restitution shall be ordered from the convicted wrongdoer in every case,
regardless of the sentence or disposition imposed, in which a crime victim suffers a
loss:
(C) All monetary payments, monies, and property collected from any person who has
been ordered to make restitution sh
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THe THE SFPD "ty AND RUN Aud OF YT million polls WA The AIM 0 Jie Pro vib ED PRovi0n€g S€2v07t6 TIO Awin MALS 5 STOP Ye, INVITES SuFFE2! VIF AT THE Happs’ PRO SE STANDARD OF REVIEW Page: of 2 PRO SE STANDARD OF REVIEW Judges and court must give Pro Ses wide latitude and can not dismiss an action if there is any valid cause that they can see, even if you are not pointing out the right law and presenting it well The following is from our Reply Brief to the Second Circuit Court of Appeals. Feel free to use it and pass it along to others. . ‘Thomas M. Dutkiewicz, President PRO SE STANDARD OF REVIEW Because the Plaintiff is pro se, the Court has a higher standard when faced with a motion to dismiss, White v. Bloom, 621 F.2d 276 makes this point clear and states: A court faced with a motion to dismiss a pro se complaint must read the complaint's allegations expansively, Haines-v. Kerner, 404 USS. 519, 520-21, 92 S. Ct. 594, 596, 30 L. Ed. 2d 652 (1972), and take them as true for purposes of deciding whether they state a claim. Cruz v. Beto, 405 U.S. 319, 322, 92 S. Ct. 1079, 1081, 31 L. Ed. 2d 263 (1972). Pro se litigants' court submissions are to be construed liberally and held to less stringent standards than submissions of lawyers. If the court can reasonably read the submissions, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigant's unfamiliarity with rule requirements. Boag v. MacDougall, 454 U.S. 364, 102 S.Ct. 700, 70 L.Ed.2d 551 (1982); Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)(quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); McDowell v. Delaware State Police, 88 F.3d 188, 189 (3rd Cir. 1996); United States v. Day, 969 F.2d 39, 42 (3rd Cir. 1992)(holding pro se petition cannot be held to same standard as pleadings drafted by attorneys); Then v. I.N.S., 58 F.Supp.2d 422, 429 (D.N.J. 1999). The courts provide pro se parties wide latitude when construing their pleadings and papers. When interpreting pro se papers, the Court should use common sense to determine what relief the party desires. S.E.C. v. Elliott, 953 F.2d 1560, 1582 (11th Cir. 1992). See also, United States v. Miller, 197 F.3d 644, 648 (3rd Cir. 1999) (Court has special obligation to construe pro se litigants' pleadings liberally); Poling v. K.Hovnanian Enterprises, 99 F.Supp.2d 502, 506-07 (D.N.J. 2000). Defendant has the right to submit pro se briefs on appeal, even though they may be in artfully drawn but the court can reasonably read and understand them. See, Vega v. Johnson, 149 F.3d 354 (Sth Cir. 1998). Courts will go to particular pains to protect pro se litigants against consequences of technical errors if injustice would otherwise result. U.S. v. Sanchez, 88 F.3d 1243 (D.C.Cir. 1996). Moreover, "the court is under-a duty to examine the complaint to determine if the allegations provide for relief on any possible theory." Bonner v. Circuit Court of St. Louis, 526 F.2d 1331, 1334 (8th Cir. 1975) (quoting Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1974)). Thus, if this court were to entertain any motion to dismiss this court would have to apply the standards of White v. Bloom. Furthermore, if there is any possible theory that would entitle the Plaintiff to relief, even one that the Plaintiff hasn't thought of, the court cannot dismiss this case.Preise TAke NOTICE Foe NEF iW PRO SE 3-27. OF 7-27-20 ACAIMST THe 5 FPO , REQuEesti ay THE HowaRaBLe Court To orRdeg THE SE PD +O Compty WITH THE Cy, Foemia Coysrrrution , MARsys Law suo ALL OTHER LAWAS OR RIGHTS OF A Vie On ——~ FILES THIS were TIAN. 2S THAT THE INCIDENTS OccuREn WITH THE City ano CouwTy OF Sav Francisco. By ALEMS OF THe Cy AvO County of say FRAUEIS CO - THELEFORE HS CouRtT LAs JURISDICTION oVER THIS MATTER.California Constitution Articl- ™ * 28 (2018) - Declaration of Rights ::°° 3 California Co... Page 1 of 6 Laws & Legal Resources. 2018 California Constitution Article I - Declaration of Rights Section 28. Universal Citation: CA Constitution art I § 28 (2018) SEC. 28. (a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens of California. The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. comprehensive provisions and la ot crime, including safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California’s victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity. (3) The rights of victims pervade the criminal justice system. These rights include personally - held and enforceable rights described in paragraphs (1) through (17) of subdivision (b). (4) The rights of victims also include broader shared collective rights that are held in common with all of the People of the State of California and that are enforceable through the enactment of laws and through good-faith efforts and actions of California’s elected, https://law.justia.com/constitution/california/article-i/section-28/ - 6/23/2020California Constitution Article ™ § 28 (2018) - Declaration of Rights :: 9°'8 California Co... Page 2 of 6 appointed, and publicly employed officials. These rights encompass the expectation shared with all of the people of California that persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained -in custody, brought before the courts of California ev ‘outside the State, tried by the courts in a timel nner, i uunished so that is protected ‘aged as a goal of highest importance. (5) Victims of crime have a collectively shared right to.expect that persons convicted of committing criminal acts are sufficiently punished in both the manner and the length of the sentences imposed by the courts of the State of California. This right includes the right to expect that the punitive and deterrent effect of custodial sentences imposed by the courts will not be undercut or diminished by the granting of rights and privileges to prisoners that are not required by any provision of the United States Constitution or by the laws of this State to be granted to any person incarcerated in a penal or other custodial facility in this State as a punishment or correction for the commission of a crime. (6) Victims of crime are entitled to finality in their criminal cases. Lengthy appeals and other post-judgment proceedings that challenge criminal convictions, frequent and difficult parole hearings that threaten to release criminal offenders, and the ongoing threat that the sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for many years after the crimes themselves have been perpetrated. This prolonged suffering of crime victims and their families must come to an end. (7) Finally, the People find and declare that the right to public safety extends to public and private priititry,elementaxpyjunior highsand segigr. high school,.and community college, California State University, University: of.California, and private college and university campuses, where students and staff have the right to be safe and secure in their persons. (8) To accomplish the goals it is necessary that the laws of California relating to the criminal justice process be amended in order to protect the legitimate rights of victims of crime. (b) In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights: (1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. (2) To be reasonably protected from the defendant and persons acting on behalf of the defendant. https://law.justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Article * § 28 (2018) - Declaration of Rights :: 2°'8 California Co... Page 3 of 6 (3) To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant. (4) To prevent the disclosure of confidential informatiorPemreesids to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law. (5) To refuse an interview, deposition, or discovery request by the defendant, the. defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents. (6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case. (7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings. (8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post- judgment proceedings. (10) To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant. (11) To receive, upon request, the pre-sentence report when available to-the defendant, except for those portions made confidential by law. (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. https://law.justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Article 7 § 28 (2018) - Declaration of Rights :: ®'8 California Co... Page 4 of 6 (13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim. (14) To the prompt return of property when no longer needed as evidence. (15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender. (16) To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made. (17) To be informed of the rights enumerated in paragraphs (1) through (16). (c) @) A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the rights enumerated in subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (2) This section 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 of its political subdivisions, or any officer or employee of the court. (d) The granting of these rights to victims shall not be construed to deny or disparage other rights possessed by victims. The court in its discretion may extend the right to be heard at sentencing to any person harmed by the defendant. The parole authority shall extend the right to be heard at a parole hearing to any person harmed by the offender. (e) As used in this section, a “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parents, https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Article 1 § 28 (2018) - Declaration of Rights ::°%'8 California Co... Page 5 of 6 children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term “victim” does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim. (f) In addition to the enumerated rights provided in subdivision (b) that are personally enforceable by victims as provided in subdivision (c), victims of crime have additional rights that are shared with all of the People of the State of California. These collectively held rights include, but are not limited to, the following: (4) Right to Safe Schools.All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, secure and peaceful. (2) Right to Truth-in-Evidence.Except as provided by statute hereafter enacted by a two- thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code Sections 352, 782 or 1103. Nothing in this section shall affect any existing statutory or constitutional right of the press. (3) Public Safety Bail.A person may be released on bail by sufficient sureties, except for capital crimes when the facts are evident or the presumption great. Excessive bail may not be required. In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the safety of the victim, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. Public safety and the safety of the victim shall be the primary considerations. A person may be released on his or her own recognizance in the court’s discretion, subject to the same factors considered in setting bail. Before any person arrested for a serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney and the victim shall be given notice and reasonable opportunity to be heard on the matter. When a judge or magistrate grants or denies bail or release on a person’s own recognizance, the reasons for that decision shall be stated in the record and included in the court’s minutes. , https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Articl- ™ § 28 (2018) - Declaration of Rights :: "8 California Co... Page 6 of 6 (4) Use of Prior Convictions.Any prior felony conviction of any person in any criminal proceeding, whether adult or juvenile, shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. When a prior felony conviction is an element of any felony offense, it shall be proven to the trier of fact in open court. (5) Truth in Sentencing.Sentences that are individually imposed upon convicted criminal wrongdoers based upon the facts and circumstances surrounding their cases shall be carried out in compliance with the courts’ sentencing orders, and shall not be substantially diminished by early release policies intended to alleviate overcrowding in custodial facilities. The legislative branch shall ensure sufficient funding to adequately house inmates for the full terms of their sentences, except for statutorily authorized credits which reduce those sentences. (6) Reform of the parole process.The current process for parole hearings is excessive, especially in cases in which the defendant has been convicted of murder. The parole hearing process must be reformed for the benefit of crime victims. (g) As used in this article, the term “serious felony” is any crime defined in subdivision (c) of Section 1192.7 of the Penal Code, or any successor statute. (Sec. 28 amended Nov. 4, 2008, by Prop. 9. Initiative measure.) Disclaimer: This Constitution may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020Marsy's Law - Office of Victim and Survivor Rights and Services (OVSRS) Page 1 of 3 Marsy’s Law On November 4, 2008, the People of the State of California approved Proposition 9, -the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims’ Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy's Law and local Victim Witness Assistance Center information by contacting the Attomey General's Victim Services Unit at 1-877-433-9069. 3041.5 and 3043 in regards to lifer Parole Suitability Hearings. Click here (https://www.cdcr.ca.gov/bph/marsys-law/) for more information regarding these changes. California Constitution, Article |, Section 28(b) (b) In order to pres: ta victim's rights to justice and due a victim shall be entitled to the following rights: (1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. (2) To be reasonably protected from the defendant and persons acting on behalf of the defendant. (8) To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant. (4) To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law. (5) To refuse an interview, deposition, or discovery request by the defendant, the . defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents. (6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case. https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy’s Law ~ Office of Victim and Survivor Rights and Services (OVSRS) Page 2 of 3 (7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post- -conviction release proceedings, and to be present at all such proceedings. (8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings. (10) To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing recommendations before the sentencing of the defendant. (11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law. (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. (13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim. (14) To the prompt return of property when no longer needed as evidence. (15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender. (16) To have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made. https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy's Law - Office of Victim and Survivor Rights and Services (OVS? S) Page 3 of 3 (17) To be informed of the rights enumerated in paragraphs (1) through (16). SOURCE: Office of the Attorney General — Victim Services Unit (https://oag.ca.gov/victimservices) Statewide & National Resources Victim's Compensation Program (http://www.vegcb.ca.gov/victims/default.aspx) California Attorney General — Victim Services Unit (https://oag.ca.gov/victimservices/) Rape, Abuse, Incest, National Network (http://www. rainn.org/) 1-800-656-HOPE California Partnership to End Domestic Violence (http://www.cpedv.org) 1-800-524-4765 Center for Missing & Exploited Children (http://www.missingkids.com) 1-800-THE-LOST National Center for Victims of Crime (http://www.victimsofcrime.org) 1-800-394-2255 National Domestic Violence Hotline (http://thehotline.org) 1-800-799-SAFE (7233) Parents of Murdered Children (http://www.pomc.com) 1-888-818-POMC More Resources (https://www.cdcr.ca.gov/victim-services/resources-other/) https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Facet ee LEG =sT THIS Count MAlce THe DECIsion WEATHER lal uTIFI<~ 15 EnTtTCED D TO THE PLOTECTI OWrs OF A VILTI pA AS COwTAIPE, IU THE Cheypohul& CousriTeTi on Aur MARS. LAY, LF 80 ORDER THE Sepp TO hee [SSsVve A Police REPORT ee we Her Aer Lug.JESSE (LecENPErer [44S CHINPOK CT Doar or P SAV FAW Cid Co cA Dupezion OUILT of UAL foe (A 9410 SAn bRAULISED = HIS 8749. noi 2An baswewse? Superson Ova r J ESSE Crcevnen i MAw DAM YS Awd — Peoubrriod Superior at Covrt - CL0-18 - 864/03 US pisTaicT at 19 LV -00990-yor Vv City Ard CovwtTY OF Saw feaecisco eal. x KK KKK PoawriFf 10 Pao Se RE Quests BY way of WRIT of MawdAmus TO COMPEL THE SFPD TO ComPly wit! THe CreiGewia Covsrirerew, { MARS YS Law ~vo CMM (SSve Aan File # Pol rca’ QePonT. PRESERVING PLaKTE/s QICIT? TO SvsT/CE And poe (20cEss: “ON Of ABooT DEC 10 zoie Puawrit A TRuck Dewer Fee Esers Orcavic Peepvuces . WAS Comiur c From wokkK WHEY PlawTIFF WAS STRUCIE By A Movt Bus ov THE Sirewace. Prawtiff weet Te le THE Hosprtac Awd was jusreucten To Co To THe- - TO THE sFPp POLICE Sranoy PLAIWTIFF wacke rw TE WDER Los STATION AUD REPoAzTEN yp. HIT And Roe OW THe DRiver of THE QO SA” Broo TO A OFF icen LEE stag POMBE V8.4 OFFICER pee ISSUED 4 C.A. D, TICKET. Stary THAT PLAT FE COM Pay CAM Prog EPORT ny Bry DAys . Hen PLAIWT ILE ReETv RED PLA WTIEE Ewcountenp THAT OFF icen LEE THE Pol Ww LT Hace H40 Bezew FIRED Awp MEVER f,/ 'CE Repyar * LT Huo | ALL STapep Lee Shove pave fh WAS Repor len THE Rep MO Lonyuen Emolyy T COutD LT Avy oTHen PRT But SIME LEE Py THE SFep The Be SomPle tery Awe OFF cen WOU CDT Repeat YUMBED . THIS Utolares THE TTVTIOP oO VYICTIA RIGHTS . Maesy's law , Due PROLEss «E guage PROTECT og, OF THE Laws AVO COMSTITUTES Cg yy & ALD VeUSUAL TREAT MewT~. Peart He Cor Hace) on SSUE LEP C2 oye CactFonuia Cons LAMUTIEE - Bill o& pie Law. VIETIAS of Violent ceime Ts; MaasysTHE SFPL failed To Pres 2vE of Peotecr PLarwriFS Rigurs to VusTvce awd DUE feocess OFFICER LEE FE ~< ‘aleo To PRESS20e C RIGHTS To Justice PLL eres Doe PLOCESS LB Pen7- og. REPeatr LUABER. Police DUOER THe Oye Phasetize |, EL+TED pp REPPAT~ Anh Police Ap ALO THe OTYH WIth Jest ce ALD Cc (FerR pig Comstrrrorve a A f2/LE- 10 €Pov27—~ VepA, > e727 BZ THC 5 THAT come DYE PLoOC ESS Plaven fe LeEpmesrs THE Law ArD TO ISSUE THOS Covet Ev hoece CRDER THE sFPD a POlice— REPorr - Fert. what PLAETIFE ReEPorTE 4 Ut Jeo Low. NOT A SimelE Accrvecr Envolvier- A Bos THE Law 19 clea. Da eyti260 Ry Law T0 Reeve Susrice avo Due Process. THaT All STARTS WIth A Police peponT. Ty ORDER TO PRESERVE PLawtiFFS pigHry “ SusTILE PUE PROCESS EQUAL PRO TE CTIOM v THe Laws. DEmsAudDS THE BASIC Qicwrs OF r VICTIM:California Constitution Articl 28 (2018) - Declaration of Rights :: California Co... Page 1 of 6 Laws & Legal Resources. 2018 California Constitution Article I - Declaration of Rights Section 28. Universal Citation: CA Constitution art I § 28 (2018) SEC. 28. (a) The People of the State of California find and declare all of the following: (1) Criminal activity has a serious impact on the citizens of California. The rights of victims of crime and their families in criminal prosecutions are a subject of grave statewide concern. safeguards in the criminal justice system fully protecting those rights and ensuring that crime victims are treated with respect and dignity, is a matter of high public importance. California’s victims of crime are largely dependent upon the proper functioning of government, upon the criminal justice system and upon the expeditious enforcement of the rights of victims of crime described herein, in order to protect the public safety and to secure justice when the public safety has been compromised by criminal activity. (3) The rights of victims pervade the criminal justice system. These rights include personally held and enforceable rights described in paragraphs (1) through (17) of subdivision (b). (4) The rights of victims also include broader shared collective rights that are held in common with all of the People of the State of California and that are enforceable through the enactment of laws and through good-faith efforts and actions of California’s elected, https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020THE SFPD WAS VEVER Crece THE Aurtotiry TO PETER wE whl HAS AccEss TO THE CouRT5 avo wto. p-California Constitution Articl 28 (2018) - Declaration of Rights ::° ~~ California Co... Page 2 of 6 appointed, and publicly employed officials. These rights encompass the expectation shared with all of the people of California that persons who commit felonious acts causing injury to innocent victims will be appropriately and thoroughly investigated, appropriately detained the courts in a timely manner, sentenced, and sufficiently punished so that the public safety, is protected and encouraged as a goal of highest importance. _ (5) Victims of crime have a collectively shared right to.expect that persons convicted of committing criminal acts are sufficiently punished in both the manner and the length of the sentences imposed by the courts of the State of California. This right includes the right to expect that the punitive and deterrent effect of custodial sentences imposed by the courts will not be undercut or diminished by the granting of rights and privileges to prisoners that are not required by any provision of the United States Constitution or by the laws of this State to be granted to any person incarcerated in a penal or other custodial facility in this State as a punishment or correction for the commission of a crime. (6) Victims of crime are entitled to finality in their criminal cases. Lengthy appeals and other post-judgment proceedings that challenge criminal convictions, frequent and difficult parole hearings that threaten to release criminal offenders, and the ongoing threat that the sentences of criminal wrongdoers will be reduced, prolong the suffering of crime victims for many years after the crimes themselves have been perpetrated. This prolonged suffering of crime victims and their families must come to an end. (7) Finally, the People find and declare that the right to public safety extends to public and private pritfitiry,elementanyyjunior highsand sexigr high school,.and community college, California State University,:University.of-California, and private college and university campuses, where students and staff have the right to be safe and secure in their persons. (8) To accomplish the goals it is necessary that the laws of California relating to the criminal justice process be amended in order to protect the legitimate rights of victims of crime. (b) In order to preserve and protect a victim’s rights to justice and due process, a victim Shall be entitled to the following rights: (1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. (2) To be reasonably protected from the defendant and persons acting on behalf of the defendant. https://law.justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Articl ~ * 28 (2018) - Declaration of Rights ::° ~~ California Co... Page 3 of 6 (3) To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant. (4) To prevent the disclosure of confidential informatidn6Precérds to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law. (5) To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents. (6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case. (7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings. (8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post- judgment proceedings. (10) To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant. (11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law. (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. ‘https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Artic]. ~~ 28 (2018) - Declaration of Rights ::° 3 California Co... Page 4 of 6 (13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim. (14) To the prompt return of property when no longer needed as evidence. (15) To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender. (16) To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made. (17) To be informed of the rights enumerated in paragraphs (1) through (16). (c) (1) A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the rights enumerated in subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (2) This section 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 of its political subdivisions, or any officer or employee of the court. (d) The granting of these rights to victims shall not be construed to deny or disparage other rights possessed by victims. The court in its discretion may extend the right to be heard at sentencing to any person harmed by the defendant. The parole authority shall extend the right to be heard at a parole hearing to any person harmed by the offender. (e) As used in this section, a “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parents, https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Articl 28 (2018) - Declaration of Rights :: °**° California Co... Page 5 of 6 children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term “victim” does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim. (f) In addition to the enumerated rights provided in subdivision (b) that are personally enforceable by victims as provided in subdivision (c), victims of crime have additional rights that are shared with all of the People of the State of California. These collectively held rights include, but are not limited to, the following: (a) Right to Safe Schools.All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, secure and peaceful. (2) Right to Truth-in-Evidence.Except as provided by statute hereafter enacted by a two- thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or Evidence Code Sections 352, 782 or 1103. Nothing in this section shall affect any existing statutory or constitutional right of the press. (3) Public Safety Bail.A person may be released on bail by sufficient sureties, except for capital crimes when the facts are evident or the presumption great. Excessive bail may not be required. In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the safety of the victim, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. Public safety and the safety of the victim shall be the primary considerations. A person may be released on his or her own recognizance in the court’s discretion, subject to the same factors considered in setting bail. Before any person arrested for a serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney and the victim shall be given notice and reasonable opportunity to be heard on the matter. When a judge or magistrate grants or denies bail or release on a person’s own recognizance, the reasons for that decision shall be stated in the record and included in the court’s minutes. https://law justia.com/constitution/california/article-i/section-28/ 6/23/2020California Constitution Articl: *“‘ 28 (2018) - Declaration of Rights :: :"“:. California Co... Page 6 of 6 oo 4 (4) Use of Prior Convictions.Any prior felony conviction of any person in any criminal proceeding, whether adult or juvenile, shall subsequently be used. without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. When a prior felony conviction is an element of any felony offense, it shall be proven to the trier of fact in open court. (5) Truth in Sentencing.Sentences that are individually imposed upon convicted criminal wrongdoers based upon the facts and circumstances surrounding their cases shall be carried out in compliance with the courts’ sentencing orders, and shall not be substantially diminished by early release policies intended to alleviate overcrowding in custodial facilities. The legislative branch shall ensure sufficient funding to adequately house inmates for the full terms of their sentences, except for statutorily authorized credits which reduce those sentences. (6) Reform of the parole process.The current process for parole hearings is excessive, especially in cases in which the defendant has been convicted of murder. The parole hearing process must be reformed for the benefit of crime victims. (g) As used in this article, the term “serious felony” is any crime defined in subdivision (c) of Section 1192.7 of the Penal Code, or any successor statute. (Sec. 28 amended Nov. 4, 2008, by Prop. 9. Initiative measure.) Disclaimer: This Constitution may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. https://law.justia.com/constitution/california/article-i/section-28/ 6/23/2020Marsy's Law - Office of Victi~ «nd Survivor Rights and Services (OV°".“) Page 1 of 3 Marsy's Law On November 4, 2008, the_People of the State of California approved Proposition 9, -the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims’ Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy’s Law and local Victim Witness Assistance Center information by contacting the Attorney General’s Victim Services Unit at 1-877-433-9069. Marsy’s Law also amended California Penal Code sections 3041.5 and 3043 in regards to lifer Parole Suitability Hearings. Click here (https://www.cdcr.ca.gov/bph/marsys-law/) for more information regarding these changes. California Constitution, Article |, Section 28(b) (b) In order to pres ta victim's rights to justice and du a victim shall be entitled to the following rights: (1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. (2) To be reasonably protected from the defendant and persons acting on behalf of the defendant. (8) To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant. (4) To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law. (5) To refuse an interview, deposition, or discovery request by the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents. . (6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case. https://www.cdcr.ca.gov/victim-services/marsys-law/ 6/8/2020Marsy's Law - Office of Victir- ~~d Survivor Rights and Services (OVE? SY Page 2 of 3 (7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and.the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings. (8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings. (10) To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing recommendations before the sentencing of the defendant. (11) To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law. (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. (13) To restitution. (A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss: (C) All monetary payments, monies, and property collected from any person who has been ordered to make restitution sh