Lawyers say because the proposal allows victims to refuse giving a deposition to the defense team, it could lead to more innocent people being convicted.
“The ability to question a witness and a victim under oath prior to a trial is paramount to be able to test the credibility of their allegations,” said Stacy Scott, a public defender in the 8th Judicial Circuit. “And to advise our clients about whether proceeding forward with a trial is a good idea or not.”
CRC commissioner Timothy Cerio is the sponsor of the proposal, and says when it comes to victim depositions, Florida is the outlier.
“We are one of only five states in the union that havve depositions for victims,” he said. “45 other states don’t allow it.”
Florida is among just 15 states that don’t guarantee victim’s rights in their state constitution.
It’ll be several months before the full CRC decides if Marsy’s Law should be on the November ballot. If it makes it on the ballot, it would need 60 percent of voters to approve it to become part of the constitution.