Sue Hartigan <[EMAIL PROTECTED]> writes: Victims' Rights Bill Gains Momentum > WASHINGTON (AP) -- It's time to stop tinkering on a > proposal to amend the Constitution to add new rights > for victims of violent crime, supporters said Tuesday. > > A three-page proposed constitutional amendment > guaranteeing victims' rights has gone through two years > of work and 55 drafts, Sen. Jon Kyl, R-Ariz., said > Tuesday during a third public hearing of the Senate > Judiciary Committee. > > The newest version of the legislation, introduced April > 1, has attracted bipartisan support -- 30 Republican > and 11 Democratic co-sponsors, including Sen. Dianne > Feinstein of California, an original co-sponsor with > Kyl, and Sen. Joseph Biden of Delaware, a former > Judiciary Committee chairman. > > But it's still getting criticism from individuals and > victims' rights groups that want changes or want the > whole idea killed. > > Included in the resolution are provisions that would > amend the Constitution to require that victims: > > --Be notified of any court proceedings involving their > accused assailants. > > --Have the right to attend all public proceedings. > > --Be heard at crucial stages of the legal process. > > --Be notified of an offender's release or escape. > > --Have an opportunity to receive restitution. > > --Be notified of these rights. > > Judges also would have to consider the safety of the > victim when releasing an offender from custody. > > Supporters say a patchwork quilt of state victims' > rights laws already on the books is inadequate. The > amendment would give victims' rights the same level of > importance as the rights of the accused, which already > are in the Constitution, they said. > > Other victims' rights advocates say the amendment > should include victims of nonviolent crimes. > > Going too far in advancing victims' rights could > backfire, said Kathleen Krenek, a policy development > coordinator of the Wisconsin Coalition Against Domestic > Violence. > > ``I represent victims' rights advocates who believe > that if we violate the rights of defendants, even in > the name of victims, we violate the rights of everyone. > The victims' rights amendment is based on the implied > presumption of the defendant's guilt,'' she said. > > The Clinton administration has said it supports the > general thrust of the amendment, but presented a list > of suggested changes Tuesday. > > The proposed constitutional amendment should clearly > state that none of its provisions should be applied in > a matter that violates the rights of a criminal > defendant, Associate Attorney General Raymond C. Fisher > told the Judiciary Committee. > > ``We want to ensure that in our effort to provide > victims with rights they manifestly deserve, we do not > erode the rights of the accused as provided for in the > Constitution,'' he said. > > The authority to make exceptions to victims' rights > should reside only in Congress, Fisher said, and the > measure should make clear that the right to an order of > restitution does not apply to crimes committed before > adoption of the amendment. > > Sen. Patrick Leahy, D-Vt., the committee's > highest-ranking Democrat, said the measure's supporters > could get what they want more easily and faster through > changes in federal law. A bill Leahy is sponsoring > would add many of the amendment's provisions to federal > law. > > A constitutional amendment must be approved by > two-thirds votes in the House and the Senate, and then > must be ratified by three-fourths of the states. > > Leahy said changes in the Constitution should be rare > and undertaken only when there is no other way to solve > a problem. > > ``I note that one of the reasons that legislation is > often the preferable approach is the difficulty of > fine-tuning and correcting constitutional language,'' > Leahy said. ``Passing a constitutional amendment is an > awesome undertaking. Amending it is almost more than > can be imagined.'' > > The amendment's supporters, however, say federal law > would apply only to federal courts, and the vast > majority of crimes are prosecuted in state courts. > -- Two rules in life: 1. Don't tell people everything you know. 2. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
