Initiated Constitutional Measure to Preserve and Protect the Right of Crime Victims to Justice

North Dakota Ballot Measure - Initiated Constitutional Measure Number 3

Election: Nov. 8, 2016 (General)

Outcome: Passed

Categories:

Criminal Justice
Legal
Constitution

Summary


Initiated Constitutional Measure No. 3 was placed on the ballot by petitions circulated by a sponsoring
committee. If approved, it would add a new section to Article I of the North Dakota Constitution which would provide certain rights to victims of crime in this state, including the right to be treated with respect, to be free from harassment, and to be protected from the accused. The measure would provide for the right to prevent the disclosure of confidential information about the victim; to refuse or limit questioning of the victim; to notice of, and presence at, court proceedings; and to notice of release or escape of the accused. The measure would provide for the right to be heard in court proceedings, to provide information about the impact of the offender’s conduct, and to receive reports relevant to these rights. The measure would provide for the right to restitution from an offender for losses suffered as a result of criminal conduct; to be informed of the outcome of the case and of the detention or other disposition of the offender; and to be informed of, and participate in, post-judgment processes.

Measure Text


This initiated measure would add a new section to Article I of the North Dakota Constitution to provide a number of rights for victims of crimes in this state in a manner no less vigorous than protections afforded to criminal defendants, including the rights of crime victims to be treated with respect, to be free from harassment, and to be protected from the accused. The measure would provide for the safety of crime victims in bail and release decisions and in protecting information that might be used to harass or locate crime victims. Crime victims would have the right to be present at certain court and related proceedings and to be heard concerning such matters as release, plea or sentencing of the accused, and parole and pardon matters and to be notified of any release or escape of the accused. Crime victims would have the right to provide information about the impact of the offender’s conduct and to receive relevant reports or records including pre-sentence reports. The measure would also require prompt return of victims’ property when no longer needed and to timely restitution.

YES ( ) NO ( )

Resources


Official Summary

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