By noted attorneys, Gilles Bissonnette (ACLU) and Mark Sisti (defense attorney). If only our Legislators actually read and adhered to both the Letter and the Spirit of our Constitutions….sigh….this piece of legislation, “Marsey’s Law”, would have been ITL’d (Inexpedient to Legislate) right from the get-go (reformatted, emphasis mine):
On Tuesday, the New Hampshire Senate held a hearing on Marsy’s Law, a proposed amendment that would add certain victims’ rights to the New Hampshire Constitution. Throughout the hearing, proponents of the amendment argued for the need to provide victims “equal rights” to that of the accused in state criminal prosecutions. This notion of “equal rights” is a seductive appeal to one’s sense of fairness. But it is a misnomer that misunderstands how the New Hampshire Constitution works. The state provides constitutional rights to the accused in a criminal proceeding because the state is attempting to deprive the accused – not the victim – of life, liberty and property.
New Hampshire’s founders were aware of the unparalleled power of state government to imprison or even execute its citizens. As a result, in 1784 – five years before the United States Constitution was even established – they provided in the New Hampshire Constitution a Bill of Rights for those accused of crimes as a necessary safeguard against government abuse. This New Hampshire Bill of Rights even, in some areas, provides the accused with greater rights than those provided under the federal Bill of Rights in the United States Constitution.









