03052nam 2200397 450 991071499580332120230803090710.0(CKB)2560000000237633(NjHacI)992560000000237633(OCoLC)1181957016(EXLCZ)99256000000023763320230803d1997 uy 0engur|||||||||||txtrdacontentcrdamediacrrdacarrierVICTIMS' RIGHTS AMENDMENT BACKGROUND & ISSUES ASSOCIATED WITH PROPOSALS TO AMEND THE UNITED STATES CONSTITUTION (97-735) /Charles Doyle[Library of Congress public edition].Washington, D.C. :Congressional Research Service, Library of Congress,1997.1 online resource (106 pages)Report / Congressional Research Service ;97-735The CRS web page provides access to all versions published since 2018 in accordance with P.L. 115-141.Report includes bibliographical references.Thirty-three states have added a victims' rights amendment to their state constitutions. Similar proposals have been made to amend the United States Constitution, including S.J. Res. 3 and H.J. Res. 64 in this Congress. Proponents claim an amendment is necessary to balance the rights of victims with those afforded the accused in the criminal justice system, to make protection of victims' rights and remedies uniformly available, and to replace inadequate enforcement mechanisms. Opponents claim an amendment would flood the courts with litigation, would undermine the rights of the accused (perhaps discriminatorily), and would jeopardize effective prosecution. S.J.Res. 3 and H.J.Res. 64 , like many of the statutory and state constitutional provisions, focus on enduring the rights of victims to be notified of, to attend, and to be heard at judicial proceedings. Like several of those provisions, they leave to another day the definition of "victim" for purposes of the amendment. They do address, however, victim participation in bail proceedings, plea bargaining, trial, sentencing hearings among others -- each of which are already subject to a wide variety of legislative regulation. It is as yet unclear whether S.J.Res. 3 or H.J.Res. 64 will wipe the slate clean or simply supplement existing law and whether it will trump conflicting defendant constitutional rights or if the need to accommodate both will in rare instances preclude prosecution in order to avoid conflict. Appendices include references to state and federal legislation in several of the areas touched upon by the amendment proposals.Constitutional amendmentsConstitutional amendments.342.03Doyle Charles700582Library of Congress.Congressional Research Service,NjHacINjHaclBOOK9910714995803321VICTIMS' RIGHTS AMENDMENT3417613UNINA