Kyl-Feinstein Vow to Continue Fight to Secure Constitutional Rights for Crime Victims
May 1, 2000

WASHINGTON, DC – Having reached an impasse, and short of the necessary votes, United States Senators Jon Kyl (R-AZ) and Dianne Feinstein (D-CA) today agreed to withdraw their amendment to provide constitutional rights to crime victims, but vowed to continue to fight to secure Senate support another day.

"It was very clear that there were significant misconceptions about the intent of our amendment," said Kyl. "Senator Feinstein and I listened patiently and tried to react substantively to opponents. Yet, it became clear that we were not going to be able to persuade members of the merits of the amendment. We concluded it was best to pull the amendment rather than risk defeat under these circumstances."

"This is a fight that began 18 years ago with the recommendation of the President's Task Force on Victims of Crime to amend the U.S. Constitution to address victims' rights," said Senator Feinstein. "Senator Kyl and I will continue this fight until victims of violent crime are afforded the right to be present, to be heard and to be considered."

Currently, the U.S. Constitution provides defendants with more than a dozen constitutional rights, mainly through amendments. Conversely, crime victims have no constitutional rights. Constitutional rights will always trump federal statutory and state constitutional rights of crime victims because the Constitution is the supreme law of the land. The Kyl-Feinstein amendment would balance this inequity, without infringing upon defendants rights.

The Kyl-Feinstein Constitutional Amendment would provide crime victims the right:

• To reasonable notice of public judicial proceedings;
• To attend all public proceedings;
• To be heard at certain crucial stages in the process;
• To reasonable notice of the offender's release or escape;
• To consideration for a trial free from unreasonable delay;
• To an order of restitution;
• To have the safety of the victim considered in determining a release; and from custody; and,
• To reasonable notice of these rights and standing to enforce them.

"While this was not our desired outcome today, it by know means signals the end. I say to the hundreds of thousands of supporters of this amendment that Senator
Feinstein and I remain committed to advancing our constitutional rights amendment for crime victims. We will redouble our efforts - we will be back," concluded Kyl.

The amendment has the endorsements of legal scholars, law enforcement officials, Attorneys General, governors, key public policy leaders, and major victims rights advocacy groups.