Simone Lawson
The Victims' Rights Amendment is a provision that has been included in some states' constitutions and proposed for others, with varying provisions. The movement for victims' rights arose 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 hundreds of statutes and over two dozen constitutional amendments have been passed to protect victims' rights, full justice for victims remains a distant goal. The Federal Victims' Rights Constitutional Amendment (SJR 3) was addressed in the full Senate in 2000 but was withdrawn due to insufficient votes. In 2004, the U.S. Congress passed the strongest federal crime victims' legislation, H.R. 5107, strengthening the rights of victims of federal crimes and providing enforcement and remedies.
| Characteristics | Values |
|---|---|
| First draft of language for a federal constitutional amendment for victims' rights | Proposed by the National Victims' Constitutional Amendment Network |
| First Federal constitutional amendment to protect the rights of crime victims | S.J. Res. 52, introduced by Senators Jon Kyl and Dianne Feinstein on April 22, 1996 |
| House Joint Resolution | 106, introduced on March 26, 2012, by Reps. Trent Franks (R-AZ 02) and Jim Costa (D-CA 20) |
| Federal victims' rights legislation | The Justice For All Act of 2004 |
| Federal Victims' Rights Constitutional Amendment | Passed by the Senate Judiciary Committee but failed to pass in the House |
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What You'll Learn
- The Federal Victims' Rights Constitutional Amendment was withdrawn in the Senate
- The House failed to take action on the Federal Victims' Rights Constitutional Amendment
- The Victims' Rights Movement was a response to the perception that the legal system favoured offenders
- The National Governors Association supported a Federal Constitutional Amendment
- The Federal Crime Victims Fund reached its second-highest funding year in 2002
The Federal Victims' Rights Constitutional Amendment was withdrawn in the Senate
The Federal Victims' Rights Constitutional Amendment was first introduced in the 104th Congress on April 22, 1996, by Senators Jon Kyl and Dianne Feinstein. It was then reintroduced in the 105th Congress with strong bipartisan support, and President Clinton publicly reaffirmed his support for the amendment in a Rose Garden ceremony.
Despite this support, the amendment ultimately failed to pass. This outcome highlights the challenges in enacting comprehensive and consistent legislation to protect victims' rights, which vary across different states and federal jurisdictions.
The need for a federal constitutional amendment to protect victims' rights has been a long-standing discussion in the US. Advocates argue that statutory protections are insufficient and that a fundamental change in the US Constitution is necessary to ensure victims' rights are upheld. However, there are differing opinions on the scope of such an amendment, with some arguing for its application only to federal offenses, while others advocate for its mandate across all states.
The withdrawal of the Federal Victims' Rights Constitutional Amendment in the Senate underscores the complexities and ongoing debates surrounding victims' rights legislation in the United States.
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The House failed to take action on the Federal Victims' Rights Constitutional Amendment
The history of victims' rights in the United States has been a long and evolving process, with various pieces of legislation and amendments being introduced over the years to strengthen the rights of victims of crimes. One notable development in this area was the proposed Federal Victims' Rights Constitutional Amendment.
The Federal Victims' Rights Constitutional Amendment (also known as SJR 3 or SJ Res. 1) was introduced before the Senate Judiciary Committee and aimed to strengthen the rights of crime victims at the federal level. This amendment was seen as necessary because, despite existing measures, victims' rights were still not adequately protected. It was argued that a federal constitutional amendment was the only way to rectify the inconsistencies in victims' rights laws across different states and jurisdictions.
The Senate Judiciary Committee passed the Federal Victims' Rights Constitutional Amendment. However, as the quote "but the House fails to take action" indicates, the amendment did not progress further in the legislative process. The House of Representatives did not act on the amendment, and it was not put to a vote or passed into law.
This lack of action by the House was a setback for those advocating for stronger victims' rights. It meant that the proposed amendment, which had the potential to bring about significant change in the way victims were treated within the justice system, was not enacted. This inaction by the House contributed to a continued lack of consistent and comprehensive protection for victims' rights across the country.
It is important to note that while the Federal Victims' Rights Constitutional Amendment did not succeed, other efforts to protect victims' rights have been made. For example, individual states have passed their own constitutional amendments, and various pieces of legislation, such as the Justice For All Act of 2004, have been enacted to strengthen victims' rights and provide enforcement mechanisms when those rights are violated. Nonetheless, the failure of the House to take action on the Federal Victims' Rights Constitutional Amendment remains a significant moment in the history of victims' rights in the United States.
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The Victims' Rights Movement was a response to the perception that the legal system favoured offenders
The Victims' Rights Movement emerged in response to the perception that the legal system favoured offenders and their constitutional rights over victims. This perception was fuelled by lawsuits alleging unconstitutional conditions in US jails and prisons, and a growing emphasis on rehabilitation for incarcerated individuals, particularly from the late 1960s onwards.
The movement advocates for equal or greater support for victims compared to offenders, including affirmative help and compensation from offenders when practicable. The movement also addresses concerns about offenders returning to attack their original victims or their families.
In the United States, the Victims' Rights Amendment has been included in some state constitutions and proposed for others, with varying provisions. As of 2003, 42 state Attorneys General expressed strong support for a federal constitutional amendment to protect the rights of crime victims. This amendment would address the inconsistencies in victims' rights laws across different jurisdictions.
The movement has resulted in legislative changes, such as the Violence Against Women Act of 1994 and 2000, the Child Abuse Prevention and Enforcement Act, and the Victims of Trafficking and Violence Protection Act. Additionally, grassroots programs like Parents of Murdered Children (POMC) and Mothers Against Drunk Driving (MADD) have emerged to advocate for victims' rights.
While there has been progress, full justice for victims remains a goal. The Victims' Rights Movement continues to strive for a legal system that treats victims with respect and recognizes their crucial role in any prosecution.
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The National Governors Association supported a Federal Constitutional Amendment
The National Governors Association (NGA) is an organization through which governors share best practices, speak with a collective voice on national policy, and develop innovative solutions that improve state government and support the principles of federalism. The NGA also advances bipartisan dialogue, fosters policy innovation, facilitates information-sharing, advocates bipartisan policy priorities, conducts research and data development, and provides technical assistance in support of the leaders of the nation’s 55 states, territories, and commonwealths.
In 1997, the National Governors Association passed a resolution 49-1 supporting a Federal constitutional amendment. The resolution stated that:
> "The rights of victims have always received secondary consideration within the U.S. judicial process, even though States and the American people by a wide plurality consider victims' rights to be fundamental. Protection of these basic rights is essential and can only come from a fundamental change in our basic law: the U.S. Constitution."
This resolution was passed in the context of a broader movement to strengthen victims' rights at the state and federal levels. By 1997, 33 states had passed victims' rights amendments, and six states passed constitutional amendments for victims' rights in a single year. However, despite these efforts, victims' rights advocates argued that a federal constitutional amendment was necessary to ensure consistent and comprehensive protection for victims' rights across the country.
The NGA's resolution in support of a Federal constitutional amendment for victims' rights reflected the association's role in shaping federal policy and advocating for bipartisan policy priorities. The NGA's support for this amendment underscored the importance of protecting victims' rights and ensuring that they receive fair treatment and due process in the criminal justice system.
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The Federal Crime Victims Fund reached its second-highest funding year in 2002
The Federal Crime Victims Fund, established in 1984, reached its second-highest funding year in 2002. The fund is a major source of financial support for victim services, with federal revenues coming from criminal fines, forfeitures, special assessments, and gifts or donations. In 2002, the fund received hundreds of thousands of dollars in deposits, thanks to an amendment to the Victims of Crime Act (VOCA) through the USA PATRIOT Act in 2001. This amendment allowed for private gifts, donations, and bequests to be deposited into the fund, further boosting its resources.
The history of the Federal Crime Victims Fund is worth noting. When it was first authorized in 1984, a cap was placed on the amount that could be deposited for the initial 8 years, ranging from $100 million to $150 million annually. However, in 1993, this cap was lifted, allowing for all criminal fines, special assessments, and forfeited bail bonds to be deposited into the fund. This change had a significant impact on the fund's resources and its ability to support crime victim program activities.
The fund is managed by the Office for Victims of Crime (OVC), which plays a crucial role in providing assistance to victims of crimes. The OVC offers direct reimbursements to crime victims for various crime-related expenses, such as medical costs, funeral and burial expenses, mental health counseling, and lost wages or financial support. By doing so, the OVC ensures that victims receive the necessary support to help them recover and rebuild their lives after experiencing a crime.
While the Federal Crime Victims Fund has been a vital source of funding, it is essential to recognize the broader context of victims' rights in the United States. There has been a long-standing effort to strengthen and protect these rights through legislative action. As early as 1994, Utah passed a victims' rights amendment, and by 1996, 33 states had adopted state victims' rights amendments in varying forms. This "states-first" approach was favored by many victim advocates as it allowed for a testing ground to ensure the effectiveness of constitutional provisions in reducing victims' alienation from the justice system.
In 1995, the National Victim Constitutional Amendment Project (NVCAP) shifted its focus towards seeking a Federal amendment to protect victims' rights. This effort gained momentum, and in 1997, the National Governors Association passed a resolution expressing strong support for a Federal constitutional amendment. The resolution highlighted the fundamental nature of victims' rights and the need for a fundamental change in the U.S. Constitution to protect them effectively.
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Frequently asked questions
No. While there have been several attempts to pass the Federal Victims Rights Constitutional Amendment, it has not been passed.
The first Federal Constitutional Amendment to protect the rights of crime victims was introduced by Senators Jon Kyl and Dianne Feinstein on April 22, 1996.
The latest attempt was House Joint Resolution 106, introduced on March 26, 2012, by Reps. Trent Franks (R-AZ 02) and Jim Costa (D-CA 20).
