LEADER 03052nam 2200397 450 001 9910714995803321 005 20230803090710.0 035 $a(CKB)2560000000237633 035 $a(NjHacI)992560000000237633 035 $a(OCoLC)1181957016 035 $a(EXLCZ)992560000000237633 100 $a20230803d1997 uy 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aVICTIMS' RIGHTS AMENDMENT $eBACKGROUND & ISSUES ASSOCIATED WITH PROPOSALS TO AMEND THE UNITED STATES CONSTITUTION (97-735) /$fCharles Doyle 205 $a[Library of Congress public edition]. 210 1$aWashington, D.C. :$cCongressional Research Service, Library of Congress,$d1997. 215 $a1 online resource (106 pages) 225 1 $aReport / Congressional Research Service ;$v97-735 300 $aThe CRS web page provides access to all versions published since 2018 in accordance with P.L. 115-141. 320 $aReport includes bibliographical references. 330 $aThirty-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. 606 $aConstitutional amendments 615 0$aConstitutional amendments. 676 $a342.03 700 $aDoyle$b Charles$0700582 712 02$aLibrary of Congress.$bCongressional Research Service, 801 0$bNjHacI 801 1$bNjHacl 906 $aBOOK 912 $a9910714995803321 996 $aVICTIMS' RIGHTS AMENDMENT$93417613 997 $aUNINA