Victimsâ Rights Amendment: Background & Issues Associated With Proposals to Amend the United States Constitution (CRS Report for Congress)
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| Release Date |
April 13, 2000 |
| Report Number |
97-735 |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Thirty-three states have added a victims' rights amendment to their state constitutions. Similar
proposals have been made to amend the United States Constitution, including S.J. Res.
3 and H.J. Res. 64 in this Congress.
Proponents claim an amendment is necessary to balance the rights of victims with those
afforded the accused in the criminal justice system, to make protection of victims' rights and
remedies uniformly available, and to replace inadequate enforcement mechanisms. Opponents claim
an amendment would flood the courts with litigation, would undermine the rights of the accused
(perhaps discriminatorily), and would jeopardize effective prosecution.
S.J.Res. 3 and H.J.Res. 64 , like many of the statutory and state
constitutional provisions, focus on enduring the rights of victims to be notified of, to attend, and to
be heard at judicial proceedings. Like several of those provisions, they leave to another day the
definition of "victim" for purposes of the amendment. They do address, however, victim
participation in bail proceedings, plea bargaining, trial, sentencing hearings among others -- each of
which are already subject to a wide variety of legislative regulation.
It is as yet unclear whether S.J.Res. 3 or H.J.Res. 64 will wipe the
slate clean or simply supplement existing law and whether it will trump conflicting defendant
constitutional rights or if the need to accommodate both will in rare instances preclude prosecution
in order to avoid conflict.
Appendices include references to state and federal legislation in several of the areas touched
upon by the amendment proposals.
