- impairing prosecutorial discretion to negotiate plea agreements;
- handicapping prosecutions by rushing cases to trial before the prosecutor has gathered essential evidence; and
- jeopardizing guilty verdicts by allowing the victim to attend the entire trial although needed as a witness--contrary to well-established rules designed to assure the reliability of evidence.
Other detrimental effects of the Amendment include:
- Prosecutors’ offices, many of which are inadequately funded, would incur additional litigation costs relating to interpretation of the amendments, any enforcement proceedings in federal courts, and the larger percentage of cases going to trial.
- In order to comply with the amendment’s notice provision, prosecutors would no doubt be required to assist with the onerous task of identifying and tracking down victims many years after the offenses were committed.
Every state has a constitutional amendment or statutory scheme protecting the rights of crime victims, and every right provided victims by the proposed amendment can be or is already protected by state and federal law. There is no need for a federal constitutional amendment.
The Victims Rights Amendment is the wrong answer to victims rights. It is backed by a well funded lobby. Contact your Senators now and urge them to vote against this unnecessary and dangerous constitutional amendment. Remind them that the United States Constitution they are sworn to uphold is sacred, and Congress should not be treating it like a "rough draft," to be edited at the whim of political might. You can quickly call any of your Senators through the Senate switchboard operator, (202) 224-3121. Or use this one-click fax, courtesy of the ACLU.
Here is the text to S.J. Res. 1, proposed January 7, 2003 by Senators Jon Kyl and Diane Feinstein:
`SECTION 1. The rights of victims of violent crime, being capable of protection without denying the constitutional rights of those accused of victimizing them, are hereby established and shall not be denied by any State or the United States and may be restricted only as provided in this article.
`SECTION 2. A victim of violent crime shall have the right to reasonable and timely notice of any public proceeding involving the crime and of any release or escape of the accused; the rights not to be excluded from such public proceeding and reasonably to be heard at public release, plea, sentencing, reprieve, and pardon proceedings; and the right to adjudicative decisions that duly consider the victim's safety, interest in avoiding unreasonable delay, and just and timely claims to restitution from the offender. These rights shall not be restricted except when and to the degree dictated by a substantial interest in public safety or the administration of criminal justice, or by compelling necessity.
`SECTION 3. Nothing in this article shall be construed to provide grounds for a new trial or to authorize any claim for damages. Only the victim or the victim's lawful representative may assert the rights established by this article, and no person accused of the crime may obtain any form of relief hereunder.
`SECTION 4. Congress shall have power to enforce by appropriate legislation the provisions of this article. Nothing in this article shall affect the President's authority to grant reprieves or pardons.
`SECTION 5. This article shall be inoperative unless it has been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within 7 years from the date of its submission to the States by the Congress. This article shall take effect on the 180th day after the date of its ratification.'
[Major thanks to Kyle O'Dowd, Legislative Director of the National Association of Criminal Defense Lawyers (NACDL) for supplying details and the current status of the Amendment.]
