Proposition 96 also called “Marcy’s Law” is a proposed Constitutional Amendment to Florida’s Constitution that would add significant rights to victims of crimes.  On its face, it is well intended, however there are unintended negative consequences that the drafters did not anticipate. For example, anyone who thinks that some people don’t “game” the system are being naive.  Take the case of married couples going through a vicious, acrimonious divorce.  One wants to get the upper hand on the other so they manufacture a battery charge against the other (happens all the time).  The police come and arrest the alleged batterer.  The judge makes it a condition of bail that they don’t have any contact with the “victim”.  That’s right, they can’t come home.  Then the complaining spouse gets a restraining order.  Can’t come home, can’t contact their spouse or live with the kids.  Then Proposition 96 kicks in.  The “victim” has input into any plea bargain.  The “victim” gets to file for a “speedy trial”.  That’s right, they can compel the state to file for a quick trial so their spouse gets convicted before the final hearing on their divorce.  Kids, house, money.  All compliments of Marcy’s law.

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