SUMMARY OF CRIME VICTIMS’ RIGHTS AMENDMENT

 

·        Preamble:  Establishes victims’ rights, clarifies that victims’ rights can be protected without denying defendants’ rights, and provides that victims’ rights can only be restricted as provided by the amendment.

 

·        Limits rights to victims of violent crime

 

·        Creates seven procedural rights for crime victims:

 

1.      Reasonable and timely notice of any public proceeding involving the crime;

 

2.      Reasonable and timely notice of any release or escape of the accused;

 

3.      Not to be excluded from any public proceeding involving the crime;

 

4.      Reasonably to be heard at public release, plea, sentencing, pardon, and reprieve proceedings;

 

5.      To adjudicative decisions that duly consider the victim’s safety;

 

6.      To adjudicative decisions that duly consider the victim’s interest in avoiding unreasonable delay; and

 

7.      To adjudicative decisions that duly consider the victim’s just and timely claims to restitution from the offender.

 

·        Provides that victims’ rights can only be restricted in three circumstances:

 

1.      substantial interest in public safety;

 

2.      substantial interest in the administration of criminal justice; or

 

3.      compelling necessity

 

·        Permits the victim or his lawful representative to assert the rights

 

·        Bars money damages for violations of the amendment

 

·        Prohibits retrials of defendants for violations of the amendment

 

·        Bars defendants from obtaining relief under the amendment

 

·        Authorizes Congress to enforce the amendment by legislation

 

·        Does not affect the president’s authority to grant pardons and reprieves