Preparing for Marsy’s Law in Montana: ‘overwhelming’, a ‘mess’ and a ‘nightmare’

"This is an unconstitutional constitutional amendment. This creates a nightmare for both prosecutors and defense attorneys," said Ashley Whipple, a Bozeman defense attorney and former Gallatin County deputy attorney. "It was sort of feel-good legislation that ran through on a public wave of sympathy."

Allowing victims to refuse to be interviewed by defense attorneys violates a defendant’s U.S. constitutional right to confrontation and to due process, and with an expected slow-down in the speed at which cases are prosecuted, defendants’ rights to a speedy trial could be at risk, attorneys argued.

And that can lead to far more time-consuming motions and other litigations, slowing down criminal cases.

"Marsy’s Law just tears at the fabric of our criminal justice system," said Bozeman defense attorney Al Avignone. "No citizen should feel better now with Marsy’s Law being passed. …Everyone should be concerned."

By Whitney Bermes Chronicle Staff Writer

Full Story: http://www.bozemandailychronicle.com/news/crime/preparing-for-marsy-s-law-overwhelming-a-mess-and-a/article_220ca35b-60da-584d-83ed-4253594093cd.html