Isabella Carter
The Victims' Rights Amendment is a provision that has been included in some states' constitutions and proposed for others, as well as for inclusion in the United States Constitution. The Victims' Rights Movement emerged in response to the perception that the legal system was more concerned with protecting the rights of criminal offenders than those of their victims. While some argue that a constitutional amendment is unnecessary and problematic, others believe it would ensure fairness, respect, and dignity for victims. As of 2019, neither version of the amendment has been passed by either house of Congress.
| Characteristics | Values |
|---|---|
| Status | Proposed, not enacted |
| Reason for non-enactment | Historical, functional, and legal deficiencies; reasonable alternatives exist |
| Alternative approaches | Federal and State legislation, actions by criminal justice system agencies and personnel, efforts by community agencies and the private sector |
| States with constitutional amendments for victims' rights | Louisiana, Mississippi, Montana, Tennessee, Alabama, Alaska, Idaho, Maryland, Ohio, Utah, Rhode Island, and 17 others |
| Provisions | Prosecutors to stay in touch with victims and their families during all stages of prosecution; compensation from pay and creative works by the offender |
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What You'll Learn
The Victims' Rights Amendment: a brief history
The Victims' Rights Amendment (VRA) is a proposed amendment to the United States Constitution that aims to address the perceived imbalance in the legal system, which often appears more concerned with protecting the rights of criminal offenders than those of their victims. The movement for the VRA gained momentum in response to lawsuits alleging unconstitutional conditions in US jails and prisons and the growing emphasis on the education and rehabilitation of incarcerated individuals in the late 1960s and 1970s.
The VRA seeks to guarantee victims' rights to fairness, respect, and dignity throughout the criminal justice process. Most state VRAs already provide for prosecutors to maintain contact with victims and their families during prosecution and post-conviction, keeping them informed about parole hearings, applications for pardons, and other relevant updates. Some states also require that any income earned by an offender while incarcerated, including royalties from creative works derived from the crime, be used to compensate the victims.
However, the proposed amendment has faced opposition due to concerns about its potential negative psychological and economic impacts on victims, who may be placed in a quasi-prosecutor or co-counsel role. Critics argue that it could lead to a "dangerous return to the private blood feud mentality." Additionally, there are concerns about the financial burden on state and local prosecutors' offices, as the amendment does not provide additional funding.
As of 2019, the VRA has not been passed by either house of Congress. The primary contention revolves around whether it should apply only to federal offenses or mandate all states to adopt similar provisions. Despite strong bipartisan support for a federal VRA during the 105th Congress and President Clinton's reaffirmation of support in 1999, the amendment has not been enacted due to disagreements between advocates of the federal and state-level approaches.
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What are the arguments for the amendment?
The Victims' Rights Amendment is a provision that has been included in some states' constitutions and has been proposed for inclusion in the United States Constitution. The amendment aims to address the perception that the legal system is more concerned with protecting the rights of criminal offenders than those of their victims.
Proponents of the amendment argue that it is necessary to correct an "imbalance" in the constitutional structure, where the criminal justice system is tilted in favor of criminal defendants and against victims' interests. They point out that the Constitution enumerates several rights for the accused but none specifically for the victim.
The amendment would provide for prosecutors to stay in touch with victims and their families during all stages of prosecution and post-conviction, advising them of events such as parole hearings, applications for pardons, and other forms of relief. It may also require that any pay or royalties received by an offender while incarcerated go towards compensating the victims.
Additionally, the amendment could address issues such as privileged victim-counselor communications, victim impact statements, open parole hearings, hearsay in preliminary hearings, and victim and witness address confidentiality.
Proponents of the amendment believe that it would secure core rights for victims, provide victims' services, and authorize funding for these rights and services. They argue that it is a clear, comprehensive, and responsible proposal that would make a positive difference in the lives of crime victims across the country.
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What are the arguments against the amendment?
There are several arguments against the Victim's Rights Amendment (VRA). Firstly, critics argue that the VRA is not necessary. Thirty-two states already have victim rights amendments as part of their constitutions, and every state has victim rights legislation passed through state legislatures. Furthermore, workable alternatives to a constitutional amendment exist, such as federal and state legislation, actions by criminal justice system agencies and personnel, and efforts by community agencies and the private sector.
Secondly, the VRA is seen by some as an intrusion of federal authority into a traditionally state-governed domain. The administration of criminal justice is primarily the responsibility of the states, and critics argue that the VRA would significantly infringe on states' rights.
Thirdly, the VRA is criticised for its potential to cause legal deficiencies. The Bill of Rights was designed to protect personal liberties from governmental infringement, not to protect private individuals from each other. Critics argue that the VRA could lead to conflicts between the rights of victims and defendants, particularly the defendant's right to a fair trial.
Fourthly, the VRA has been criticised for its potential to cause inflexibility in the legal system. Some argue that victims' rights should be protected through flexible statutes rather than an inflexible constitutional amendment. The VRA could also create challenges in interpreting and enforcing victims' rights, particularly regarding the right to restitution.
Finally, critics argue that the VRA could harm police and prosecutors and that it is not the solution to fix the "patchwork" of state victims' rights laws.
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What are the alternatives to the amendment?
There are several alternatives to a constitutional amendment that can meet crime victims' needs. Firstly, Federal and State legislation can be enacted to address victims' rights. This includes model legislation proposed by the U.S. Justice Department, which covers areas such as victim-counselor communications, victim impact statements, open parole hearings, and confidentiality. Additionally, actions by criminal justice system agencies and personnel can be taken to enforce existing statutes and practices that assist victims. Community agencies and the private sector can also play a role in supporting victims.
Another alternative is to encourage policy makers to consider statutory alternatives and statewide initiatives. This includes the enforcement of already existing statutes and practices that can assist victims, as well as increased direct services to victims. The Crime Victims Assistance Act of 2003 is one example of a statutory alternative that offers standing for victims and their lawyers to make legal arguments and testify in criminal cases.
Furthermore, it is important to note that amending state constitutions can be a viable alternative to a federal constitutional amendment. Over the years, a national campaign to amend state constitutions has gained momentum, with 37 states granting victims certain rights to participate or seek restitution in criminal cases. Marsy's Law, a package of amendments granting victims and their families the right to be notified of and participate in criminal proceedings, has been adopted in several states, although it has faced legal challenges in some courts.
Overall, these alternatives provide workable solutions to address the needs of crime victims without the need for a constitutional amendment, which may have unintended consequences and create new problems for victims. A constitutional amendment should be considered an extraordinary action of last resort when all other alternatives have been exhausted.
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What would the amendment change in practice?
The Victims' Rights Amendment is a provision that has been included in some US states' constitutions and proposed for others. It has also been proposed for inclusion in the US Constitution. The amendment's provisions vary from state to state but are usually somewhat similar. The primary contention is whether they will apply only to federal offences and the federal system or mandate all states to adopt similar provisions.
If the proposed amendment is enacted, it would secure the core rights contained in the amendment, provide victims' services, and authorize funding for these rights and services. Most states' victims' rights amendments require prosecutors to stay in touch with the victims and their families during all stages of prosecution and post-conviction. They may also require that any pay received by an offender while incarcerated goes, at least in part, to compensate the victims. Additionally, royalties from any creative works created by the offender and judged to be derived from the crime would be assigned to the victims.
The amendment would also grant victims the right to restitution, victim impact statements, and the right to be treated with dignity and respect. It would also provide a constitutional guarantee of access to information, including when the defendant is released from custody.
However, critics argue that the amendment would impose duties on state and local prosecutors' offices without providing additional funding, potentially overburdening already tight budgets and compromising future prosecutions. Additionally, in cases of repeated abuse, the amendment could give the abusive spouse access to information about the defendant's release, potentially leaving them vulnerable to violent retaliation. Some also argue that the amendment is unnecessary, as Congress and the States already have the power to protect victims' rights without a federal constitutional amendment, and statutes are preferable to amending the Federal Constitution.
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Frequently asked questions
The Victim's Rights Amendment is a provision that has been included in some states' constitutions and proposed for others. It usually includes provisions for prosecutors to stay in touch with victims and their families during all stages of prosecution and post-conviction.
The Victim's Rights Amendment has not been enacted at the federal level in the US. However, several states have passed their own versions of the amendment, including Alabama, Alaska, Idaho, Maryland, Ohio, Utah, Rhode Island, Louisiana, Mississippi, Montana, and Tennessee.
There are differing opinions on the need for a federal amendment. Some argue that it is unnecessary and that there are reasonable alternatives to meet victims' needs. Others believe that it would be problematic and detrimental to existing efforts to protect victims' rights. Additionally, there is disagreement over whether it should apply only to federal offenses or mandate all states to adopt similar provisions.
Critics argue that a victims' rights amendment could have negative psychological and economic effects on victims by emphasizing the conflict between the victim and the accused. It may also infringe on free speech rights and compromise diligent prosecutions due to a lack of funding.
