‘Marsy’s Law’ Backed in Probation Hearings

Florida First District Court of Appeal, 2000 Drayton Drive, Tallahasee, Leon County, Florida [Michael Rivera]

An appeals court Wednesday said “Marsy’s Law,” a 2018 constitutional amendment spelling out crime victims’ rights, applies during probation-revocation hearings. A three-judge panel of the 1st District Court of Appeal rejected arguments by Leon Bernard Camel that what is known as a victim-impact statement under Marsy’s Law should not have been considered during proceedings about revoking his probation. The ruling said Camel was arrested in 2017 for attacking his girlfriend and stealing some of her possessions. After entering a no-contest plea, Camel was sentenced to prison, followed by probation. After he got out of prison, he violated his probation. During a sentencing hearing on the probation violation, prosecutors used the 2017 victim’s sworn statement to police as a victim-impact statement under Marsy’s Law. Camel argued that Marsy’s Law should not apply because a probation-violation hearing was not an initial sentencing proceeding, according to Wednesday’s ruling. But a Leon County circuit judge rejected Camel’s argument, revoked his probation and sentenced him to prison. The appeals court upheld the circuit judge’s ruling. “In sum, if the defendant is facing legal consequences for his criminal conduct, then the victim has the right to be heard when a court or other authority decides what those consequences will be,” said Wednesday’s ruling, written by Judge Stephanie Ray and joined by Judges Joseph Lewis and Susan Kelsey. “The (Marsy’s Law) amendment does not create an exhaustive list of every possible proceeding involving the defendant’s criminal conduct, nor does it list specific exclusions.”