Victims' Rights Amendment
Encyclopedia
In the United States
, the Victims' Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution
. Its provisions vary from state to state but are usually somewhat similar. There are likewise competing versions of the proposed federal amendment.
and alleged offenders than they were the victims of their offenses. This was especially inflamed by numerous lawsuits alleging unconstitutional
conditions in many U.S. jails and prison
s, and a strong emphasis on the education and rehabilitation of those who were incarcerated, especially beginning in the late 1960s and 1970s. Advocates wanted to see affirmative help for crime victims to be at least as extensive as that provided to the offenders, and for victims to receive compensation from offenders whenever this was practicable. The second stimulus was the spread of the belief, bolstered by prominent stories in the media, that the number of released or parole
d offenders returning to attack their original victims or victims' families was increasing, in some cases in retaliation for having reported the original offense.
Most state victims' rights amendments provide for the prosecutors to stay in touch with the victims and their families during all stages of prosecution, and to stay in touch with them post-conviction to advise them of events such as parole hearings, applications for pardon
s or other forms of executive clemency or relief, and similar news. They may require that any pay received by an offender while incarcerated go at least in part to compensate the victims, and that royalties to any creative works such as books, screenplays or similar works created by the offender judged to be derived from the events of the offense be assigned to the victims (though these latter requirements have been challenged as a violation of the constitutional guarantee of free speech).
, host of America's Most Wanted
). This second version is offensive to many otherwise conservative
"law and order" members of United States Congress
because they deem it to be violative of another principle important to conservatives, that of federalism
. Advocates of both sides are adamant on their version, and for this reason neither has been passed by either house of Congress .
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Victims' Rights Amendment is a provision which has been included in some state constitutions, proposed for others, and additionally has been proposed for inclusion in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Its provisions vary from state to state but are usually somewhat similar. There are likewise competing versions of the proposed federal amendment.
The Victims' Rights Movement
The "victims' rights" movement began in a response to the spread of two beliefs. The first was the perception that the legal system was more concerned with the protection of the constitutional rights of criminal offendersCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
and alleged offenders than they were the victims of their offenses. This was especially inflamed by numerous lawsuits alleging unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
conditions in many U.S. jails and prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s, and a strong emphasis on the education and rehabilitation of those who were incarcerated, especially beginning in the late 1960s and 1970s. Advocates wanted to see affirmative help for crime victims to be at least as extensive as that provided to the offenders, and for victims to receive compensation from offenders whenever this was practicable. The second stimulus was the spread of the belief, bolstered by prominent stories in the media, that the number of released or parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
d offenders returning to attack their original victims or victims' families was increasing, in some cases in retaliation for having reported the original offense.
Most state victims' rights amendments provide for the prosecutors to stay in touch with the victims and their families during all stages of prosecution, and to stay in touch with them post-conviction to advise them of events such as parole hearings, applications for pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s or other forms of executive clemency or relief, and similar news. They may require that any pay received by an offender while incarcerated go at least in part to compensate the victims, and that royalties to any creative works such as books, screenplays or similar works created by the offender judged to be derived from the events of the offense be assigned to the victims (though these latter requirements have been challenged as a violation of the constitutional guarantee of free speech).
The Federal Amendment
The federal victims' rights amendments which have been proposed are similar to the above. The primary contention, and perhaps the main reason that to this point they remain only proposals, is whether they will apply only to federal offenses and the federal system or will mandate all states to adopt similar provisions (the version advocated by at least one very high-profile advocate, John WalshJohn Walsh
John Edward Walsh is an American television personality, criminal investigator, human and victim rights advocate and formerly the host, as well as creator, of America's Most Wanted...
, host of America's Most Wanted
America's Most Wanted
America's Most Wanted is an American television program produced by 20th Television, and was the longest-running program of any kind in the history of the Fox Television Network until it was announced on May 16, 2011 that the series was canceled after twenty-three years, with the final episode...
). This second version is offensive to many otherwise conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
"law and order" members of United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
because they deem it to be violative of another principle important to conservatives, that of federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
. Advocates of both sides are adamant on their version, and for this reason neither has been passed by either house of Congress .
Text of the Victims' Rights Amendment
There have been several different versions of the Victims' Rights Amendment. The text of one version reads as follows:- Section 1. Victims of crimes of violence and other crimes that Congress and the States may define by law pursuant to section 3, shall have the rights to notice of and not to be excluded from all public proceedings relating to the crime; to be heard if present and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence; to these rights at a parole proceeding to the extent they are afforded to the convicted offender; to notice of a release pursuant to a public or parole proceeding or an escape; to a final disposition free from unreasonable delay; to an order of restitution from the convicted offender; to have the safety of the victim considered in determining a release from custody; and to notice of the rights established by this article.
- Section 2. The victim shall have standing to assert the rights established by this article; however, nothing in this article shall provide grounds for the victim to challenge a charging decision or a conviction, obtain a stay of trial, or compel a new trial; nor shall anything in this article give rise to a claim for damages against the United States, a State, a political subdivision, or a public official; nor shall anything in this article provide grounds for the accused or convicted offender to obtain any form of relief.
- Section 3. The Congress and the States shall have the power to enforce this article within their respective federal and state jurisdictions by appropriate legislation, including the power to enact exceptions when required for compelling reasons of public safety.
- Section 4. The rights established by this article shall be applicable to all proceedings occurring after ratification of this article.
- Section 5. The rights established by this article shall apply in all federal, state, military, and juvenile justice proceedings, and shall also apply to victims in the District of Columbia, and any commonwealth, territory, or possession of the United States.