{
  "id": "RS21434",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21434",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 103198,
      "date": "2004-04-16",
      "retrieved": "2016-04-08T14:22:21.521272",
      "title": "Victims' Rights Amendment: A Sketch of a Proposal in the 108th Congress to Amend the United States Constitution",
      "summary": "Thirty-three states have added a victims' rights amendment to their state constitutions. \n S.J.Res. 1  (Sens. Kyl and Feinstein)/ H.J.Res. 10  (Rep.\nRoyce)/ H.J.Res. 48  (Rep. Chabot) would add a victims' rights amendment to the United\nStates Constitution. The Senate Judiciary Committee has reported the measure without amendment\nand at least initially without a written report. The President has endorsed the Amendment as he had\nin the 107th Congress ( S.J.Res. 35 / H.J.Res. 88 / H.J.Res. 91 ). \nSimilar proposals date back to the 104th Congress.\n  The Amendment grants the victims of state and federal violent crimes the right (1) to\nreasonable and timely notice of public proceedings relating to the crime; (2) to reasonable and\ntimely notice of the release or escape of the accused; (3) not to be excluded from such public\nproceedings; (4) reasonably to be heard at public release, plea, sentencing, reprieve, and pardon\nproceedings; and (5) to adjudicative decisions that give due consideration to victims' interests in\ntheir safety, in avoiding unreasonable delay and to consideration of their just and timely claims for\nrestitution from the offender. The rights may not be restricted except to the extent dictated by a\nsubstantial interest in public safety or the administration of criminal justice or by compelling\nnecessity. Only victims and their representatives may enforce the rights, but they may not do so\nthrough a claim for damages or request to reopen a completed trial. Congress is otherwise\nempowered to enact legislation for the Amendment's enforcement. The proposed Amendment is the\nproduct of efforts to reconcile victims' rights, the constitutional rights of defendants, and\nprosecutorial prerogatives. The hearings on past proposals and three Senate Judiciary Committee\nreports ( S.Rept. 105-409 ;  S.Rept. 106-254 ;  S.Rept. 108-191 ) provide insight as to the intent of\nlanguage used and proposed language implicitly rejected. Proponents and their critics disagree over\nthe need for the Amendment, its meaning, its propriety, its costs, and its effect on federalism. This\nis an abridged version of  CRS Report RL31750 ,  Victims' Rights Amendment: A Proposal to\nAmend\nthe United States Constitution in the 108th Congress ,.",
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      "typeId": "REPORTS",
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      "topics": []
    }
  ],
  "topics": [
    "Constitutional Questions"
  ]
}