Senators Kyl, Feinstein Urge Senate to Pass Crime Victims’ Rights Amendment
April 12, 2000

Washington, DC – To commemorate National Crime Victims’ Week, Senators Jon Kyl (R-AZ) and Dianne Feinstein (D-CA) joined dozens of victims of violent crime today to urge the Senate to pass the Crime Victims’ Rights Amendment to the U.S. Constitution.

The Crime Victims’ Amendment, which is co-sponsored by 42 Senators, is scheduled to be considered by the full Senate in the coming weeks.

“I am delighted to be joined by Senator Feinstein and victims advocates to highlight why we need a Constitutional Amendment giving crime victims certain basic rights,” said Senator Kyl. “It is my view and the view of 40 other Senators who have co-sponsored our amendment and 33 states, who have adopted similar measures that the scales of justice needs balance.”

“The United States Constitution guarantees fifteen separate rights to criminal defendants, and each of these rights was established by amendment to the Constitution,” Senator Feinstein said. “But there is not one word written in the U.S. Constitution on behalf of crime victims.

“I steadfastly believe that we must pass a constitutional amendment giving crime victims certain basic rights, such the rights to be informed, present, and heard at critical stages throughout their case. This is the least that the system owes to those it failed to protect.”

The Victims' Rights Amendment would establish for victims the right:

• to be notified of the proceedings;
• not to be excluded from the trial and other proceedings;
• to be heard at certain crucial stages in the process: release of the offender, acceptance of a plea bargain and sentencing;
• to be notified of the offender's release or escape;
• to freedom from unreasonable delay in the trial;
• to an order of restitution from the convicted offender;
• to have the victim's own safety considered in determining a release from custody; and
• to be notified of these rights.

The rights of the accused presently include: the right to a grand jury indictment for the prohibition against double jeopardy; the right against self-incrimination; the right to due process; the right to a speedy trial and the right to an impartial jury of one's peers; the right to confront witnesses; the right to counsel; and the right to subpoena witnesses.

Bipartisan support for the Crime Victims' Rights Constitutional Amendment continues to grow. Thirty-nine Senators have joined Senators Kyl and Feinstein as cosponsors of the amendment, and many more senators are expected to vote for it.

The amendment has been endorsed by a broad-based coalition of victims' groups, law enforcement organizations, anti-crime associations, and law professors. Forty-nine state governors have called for the amendment. President Bill Clinton, Vice-President Al Gore, Governor George W. Bush, and Senator John McCain all support an amendment.

Senators Kyl and Feinstein were joined by dozens of victims of violent crime and advocates: including Millie Webb, National President of Mothers Against Drunk Driving National (MADD), Marlene Young, Executive Director of the National Organization for Victims Assistance, Roberta Roper, founder of the Stephanie Roper Foundation and Teresa Baker.

How the U.S. Constitution is Amended:

In its 207-year history, 27 amendments have been added to the United States Constitution, including the first ten, which are known as the Bill of Rights. Amending the Constitution involves two separate processes:

1. Congress or States Propose an Amendment – Congress may propose an amendment by vote of two-thirds of the members of both the House and Senate. Two-thirds of the states may also call for a Constitutional Convention to amend the Constitution. There has never been a Constitutional Convention under this authority.

2. Ratification by the States – Upon passage of the amendment by either Congress or the Constitutional Convention, the amendment will be added to the U.S. Constitution after three-fourths of the state legislatures vote in favor.