United States Senator Dianne Feinstein

-President Bush and Attorney General Ashcroft
Endorsed Amendment at Justice Department Ceremony -
April 15, 2002

Washington, DC - U.S. Senators Dianne Feinstein (D-Calif.) and Jon Kyl (R-Az) reintroduced a constitutional amendment yesterday to protect the rights of victims of violent crimes. President George W. Bush and Attorney General John Ashcroft endorsed the amendment at a ceremony at the Justice Department today.

At the ceremony, President Bush said the amendment was "written with care" and "strikes the right balance."

"A constitutional amendment to protect victims of violent crimes will balance the scales of justice," Senator Feinstein said. "Currently, while criminal defendants have almost two dozen separate constitutional rights-fifteen of them provided by amendments to the U.S. Constitution-there is not a single word in the Constitution to protect the rights of crime victims."

"This amendment will bring balance to the system by giving crime victims the rights to be informed, present, and heard at critical stages throughout their case-the least that the system owes to those it failed to protect in the first place."

Senators Kyl and Feinstein introduced a Crime Victims' Rights Constitutional Amendment (S.J. Res. 3), in the 106^th Congress. The amendment was cosponsored by a bipartisan group of 41 Senators. However, in response to concerns raised by some senators, Senators Kyl and Feinstein withdrew the amendment. Over the past year, they have worked to improve the amendment and address the concerns raised in last years debate.

"We met with constitutional experts such as Professor Larry Tribe of Harvard Law School, and those at the Department of Justice and the White House, to see if we could revise the amendment in a way that maintains the spirit of the original amendment and addresses the concerns raised last year," Senator Feinstein said. "The version we are introducing today provides many of the same rights as the old amendment, but does so in a way that would not abridge the rights of defendants or offenders, or otherwise disrupt the delicate balance of our Constitution."

The new amendment is cosponsored by: Senators Bayh (D-IN), Breaux (D-LA), Cleland (D-GA), Landrieu (D-LA), Lincoln (D-AR), Wyden (D-OR), Allard (R-CO), Bunning (R-KY), Craig (R-ID), DeWine (R-OH), Frist (R-TN), Hagel (R-NE), Helms (R-NC), Tim Hutchinson (R-AR), Kay Bailey Hutchison (R-TX), Inhofe (R-OK), Lott (R-MS), McCain (R-AZ), Shelby (R-AL), Gordon Smith (R-OR), and Warner (R-VA).

It also has the support of major national victims' rights groups-including Parents of Murdered Children, Mothers Against Drunk Driving (MADD), the National Organization for Victim Assistance, and the National Victims' Constitutional Amendment Network.

The preamble establishes that the rights of victims of violent crime can be protected without denying defendants' rights, and provides that victims' rights can only be restricted as provided by the amendment.

The amendment creates seven procedural rights for victims of violent crime including:

The right to reasonable and timely notice of any public proceeding involving the crime;
The right to reasonable and timely notice of any release or escape of the accused;
The right not to be excluded from any public proceeding involving the crime;
The right to reasonably be heard at public release, plea, sentencing, pardon, and reprieve proceedings;
The right to adjudicative decisions that duly consider the victim's safety;
The right to adjudicative decisions that duly consider the victim's interest in avoiding unreasonable delay; and
The right to adjudicative decisions that duly consider the victim's just and timely claims to restitution from the offender.

Allows victims' rights to be restricted when and to the degree dictated by a substantial interest in public safety or the administration of criminal justice, or by compelling necessity.
Permits only the victim or his lawful representative to assert the rights established by the amendment;
Bars money damages for violations of the amendment;
Prohibits retrials of defendants for violations of the amendment; and
Bars defendants from obtaining relief under the amendment.

The amendment authorizes Congress to enforce the amendment by legislation but does not affect the President's authority to grant pardons and reprieves.



	Senators Feinstein and Kyl Reintroduce Victims' Rights Constitutional Amendment -President Bush and Attorney General Ashcroft Endorsed Amendment at Justice Department Ceremony - April 15, 2002 Washington, DC - U.S. Senators Dianne Feinstein (D-Calif.) and Jon Kyl (R-Az) reintroduced a constitutional amendment yesterday to protect the rights of victims of violent crimes. President George W. Bush and Attorney General John Ashcroft endorsed the amendment at a ceremony at the Justice Department today. At the ceremony, President Bush said the amendment was "written with care" and "strikes the right balance." "A constitutional amendment to protect victims of violent crimes will balance the scales of justice," Senator Feinstein said. "Currently, while criminal defendants have almost two dozen separate constitutional rights-fifteen of them provided by amendments to the U.S. Constitution-there is not a single word in the Constitution to protect the rights of crime victims." "This amendment will bring balance to the system by giving crime victims the rights to be informed, present, and heard at critical stages throughout their case-the least that the system owes to those it failed to protect in the first place." Senators Kyl and Feinstein introduced a Crime Victims' Rights Constitutional Amendment (S.J. Res. 3), in the 106^th Congress. The amendment was cosponsored by a bipartisan group of 41 Senators. However, in response to concerns raised by some senators, Senators Kyl and Feinstein withdrew the amendment. Over the past year, they have worked to improve the amendment and address the concerns raised in last years debate. "We met with constitutional experts such as Professor Larry Tribe of Harvard Law School, and those at the Department of Justice and the White House, to see if we could revise the amendment in a way that maintains the spirit of the original amendment and addresses the concerns raised last year," Senator Feinstein said. "The version we are introducing today provides many of the same rights as the old amendment, but does so in a way that would not abridge the rights of defendants or offenders, or otherwise disrupt the delicate balance of our Constitution." The new amendment is cosponsored by: Senators Bayh (D-IN), Breaux (D-LA), Cleland (D-GA), Landrieu (D-LA), Lincoln (D-AR), Wyden (D-OR), Allard (R-CO), Bunning (R-KY), Craig (R-ID), DeWine (R-OH), Frist (R-TN), Hagel (R-NE), Helms (R-NC), Tim Hutchinson (R-AR), Kay Bailey Hutchison (R-TX), Inhofe (R-OK), Lott (R-MS), McCain (R-AZ), Shelby (R-AL), Gordon Smith (R-OR), and Warner (R-VA). It also has the support of major national victims' rights groups-including Parents of Murdered Children, Mothers Against Drunk Driving (MADD), the National Organization for Victim Assistance, and the National Victims' Constitutional Amendment Network. Following is a summary of the Crime Victims' Rights Amendment: Section I (Preamble): The preamble establishes that the rights of victims of violent crime can be protected without denying defendants' rights, and provides that victims' rights can only be restricted as provided by the amendment. Section II (Rights): The amendment creates seven procedural rights for victims of violent crime including: The right to reasonable and timely notice of any public proceeding involving the crime; The right to reasonable and timely notice of any release or escape of the accused; The right not to be excluded from any public proceeding involving the crime; The right to reasonably be heard at public release, plea, sentencing, pardon, and reprieve proceedings; The right to adjudicative decisions that duly consider the victim's safety; The right to adjudicative decisions that duly consider the victim's interest in avoiding unreasonable delay; and The right to adjudicative decisions that duly consider the victim's just and timely claims to restitution from the offender. Section III (Limitations) Furthermore, the amendment contains the following limitations: Allows victims' rights to be restricted when and to the degree dictated by a substantial interest in public safety or the administration of criminal justice, or by compelling necessity. Permits only the victim or his lawful representative to assert the rights established by the amendment; Bars money damages for violations of the amendment; Prohibits retrials of defendants for violations of the amendment; and Bars defendants from obtaining relief under the amendment. Section IV (Enforcement) The amendment authorizes Congress to enforce the amendment by legislation but does not affect the President's authority to grant pardons and reprieves. A copy of the text of the amendment is available upon request. ###