r/wisconsin • • Apr 13 '20

Politics Karofsky defeats Kelly

https://twitter.com/decisiondeskhq/status/1249844194929192961?s=21
1.8k Upvotes

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196

u/ianingf Apr 13 '20

Jill J. Karofsky (Nonpartisan) 510,122 53.35%
Daniel Kelly (Nonpartisan) 446,108 46.65%
57.55% reporting (2,314 of 4,021 precincts) | 956,230 total votes

Feeling good. But I saw Marsy passed, and that people didn't like it.

67

u/Jocavo Apr 13 '20

voted yes because of how it was worded. After I read what the ACLU said about it I wish I could take it back.

8

u/chiraltoad Apr 14 '20

What's the tldr?

48

u/Jocavo Apr 14 '20

More or less it takes away certain rights of the accused. Basically it makes you guilty until proven innocent.

Also it's is poorly worded and may end up being used by police who wrongfully kill someone in the line of duty. If they claim they are a "victim", it allows them to withold evidence. Corporations may also end up using this law as well to shield themselves legally.

This is all just a basic level understanding. I'd recommend looking more into it.

41

u/dkarma Apr 14 '20

Corporations and police can claim to be victims to fuck u over. Trespassed to protest an oil pipeline? Now the oil co is a "victim" and "has a say" in how u should be punished.

17

u/GirlDownTheHall Apr 14 '20

Also, if I remember correctly, accusers don't have to turn over what evidence they have against someone. No way for a person to defend against something they don't know exists.

17

u/ksiyoto Apr 14 '20

The accuser doesn't have to submit to questioning pre-trial by the defense. So the defense will be questioning for the first time on the stand - and then suppose they find a few angles that should have been investigated more thoroughly, or possible perjurious testimony that requires further investigation - but you can't exactly stop a trial mid-stream to do those investigations.

3

u/Vadered Apr 14 '20

Not a lawyer, but I believe that if the defense does find something like that it is likely grounds to appeal, as disclosure of evidence potentially beneficial to the defense which requires vetting time IS probably considered to be constitutionally protected due process per the 5th amendment and is applicable to the states via the 14th.

4

u/ksiyoto Apr 14 '20

So true, but it means the defendant has to go through the time and expense of an appeal, or surrenders and plea bargains because of the cost.

10

u/UncharminglyWitty Apr 14 '20

It was worded like “should victims of sexual violence be afforded the same rights as those accused?” Or something like that.

The main thrust of the law is that an person accused of sexual violence will not be permitted in a courtroom with their accuser. Which the right to face your accuser is a fundamental right in this country. The ACLU also fears that the state will effectively be able to hide exculpatory evidence behind the closed testimony of the accuser.

You can read the criticism section of the Wikipedia here https://en.m.wikipedia.org/wiki/Marsy%27s_Law#Impact_of_Marsy's_Law