Senate Committee Considers Amending the Constitution

On June 12, the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Property Rights approved, 5-4, a resolution (S. J. Res. 1) that would create a constitutional amendment guaranteeing certain procedural rights to victims of violent crimes.

Sponsored by Sens. Jon Kyl (R-AZ) and Dianne Feinstein (D-CA), the proposed amendment would guarantee a victim of a violent crime the right to:

• be notified of all public proceedings involving the crime;
• be notified of the release or escape of the convicted offender;
• not be excluded from any public proceeding involving the crime;
• be heard at public proceedings involving the release, sentencing, or pardon of the convicted offender;
• have his/her safety and interest in avoiding unreasonable delays considered in judicial decisions; and
• receive restitution from a convicted offender.

Proponents of the contentious amendment assert that a constitutional amendment would create uniformity among states and balance defendants’ rights with victims’ rights.

On the other side of the debate, opponents caution against amending the Constitution. Also at issue is whether the amendment would put victims of domestic violence at risk because it could be used against a battered woman who defends herself.

Prior to approving the resolution, the subcommittee rejected several amendments, including:

• a substitute amendment by Sen. Edward Kennedy (D-MA) that would have replaced the constitutional amendment with language from a bill (S. 805) that stipulates victims’ rights and provides grants for victim support services. It was defeated, 4-5;
• an amendment by Sen. Richard Durbin (D-IL) that would have specified that S. J. Res. 1 would not compromise existing constitutional protections for defendants. It was defeated, 3-6; and
• an amendment by Sen. Kennedy that would have made S. J. Res. 1 apply to all crimes, not just violent crimes. It was defeated, 4-5.