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2005 B.Y.U.L. Rev. 835, *848
with state statutes and constitutional provisions that seek to guarantee victims' rights. However, these efforts have failed to fully
safeguard victims’ rights. These significant state efforts simply are not sufficiently consistent, comprehensive, or authoritative
to safeguard victims' rights. ©
To place victims’ rights in the Constitution, victims advocates - led most prominently by the National Victims Constitutional
Amendment Network - approached the President and Congress regarding a federal amendment. © On April 22, 1996,
Senators Kyl and Feinstein with the backing of President Clinton introduced a federal victims' rights amendment. © The
amendment was intended to "restore, preserve, and protect, as a matter of right for the victims of violent crimes, the practice of
victim participation in the administration of criminal justice that was the birthright of every American at the founding of our
Nation." ©” A companion resolution was introduced in the House of Representatives. ©8 The proposed amendment embodied
seven core principles: (1) the right to notice of proceedings, (2) the right to be present at the proceedings, (3) the right to be
heard, (4) the right to notice of the defendant's [*849] release or escape, (5) the right to restitution, (6) the right to a speedy
trial, and (7) the right to reasonable protection. In a later resolution, an eighth principle was added: the right to standing to
enforce these rights. ©? The 104th Congress did not pass the amendment.
On January 21, 1997, the opening day of the first session of the 105th Congress, Senators Kyl and Feinstein reintroduced the
victims’ rights amendment. ™ A series of hearings were held that year in both the House and the Senate. 7! Kyl and Feinstein
reintroduced the amendment the following year. 7” The Senate Judiciary Committee held hearings 7? and passed the proposed
amendment out of committee. 74 Yet again, the full Senate did not consider the amendment.
In 1999, Senators Kyl and Feinstein again proposed the amendment, '> and on September 30, 1999, the Judiciary Committee
voted, as before, to send the amendment to the full Senate. 7 But on April 27, 2000, after three days of floor debate, the
amendment was shelved when it became clear that its opponents, who objected to constitutionalizing victims’ rights, possessed
the necessary votes to sustain a filibuster. 7’ At the same time, hearings on the companion measure were held in the House. 7°
® Focusing on the Administration of Justice and the Enforcement of Laws: Dep't of Justice Oversight Hearing Before the S. Judiciary
Comm., 104th Cong. 23-24 (1997) (statement of Janet Reno, Att'y Gen. of the United States).
See hitp://www.nvean.org. See generally Twist, supra note 2.
6 For a comprehensive history of victims' efforts to pass a constitutional amendment, see Twist, supra note 2.
6 §.J. Res. 52, 104th Cong., 2d Sess. (1996).
67 §, Rep. No. 108-191, at 1-2 (2003); see also S. Rep. No. 106-254 (2000).
68 H.R.J. Res. 174, 104th Cong., 2d Sess. (1996).
© See S.J. Res. 65, 104th Cong., 2d Sess. (1996).
7 S.J. Res. 6, 105th Cong., 1st Sess. (1997).
71 See, e.g., Victims' Rights Amendment: Hearings Before the Sen. Judiciary Comm., 105th Cong., 2d Sess. (1997).
2 §.J. Res. 44, 105th Cong., 2d Sess. (1998).
2 Victim's Rights Amendment: Hearings Before the Sen. Judiciary Comm., 105th Congress (1998).
7 See 144 Cong. Rec. $11,010 (daily ed. Sept. 28, 1998) (statement of Sen. Kyl).
7 §.J. Res. 3, 106th Cong., 1st Sess. (1999).
7 146 Cong. Rec. $2966 (daily ed. Apr. 27, 2000).
7 See id.
78 H.R.J. Res. 64, 106th Cong., Ist Sess. (2002).
DAVID SCHOEN
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| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
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| Indexed | 2026-02-04T16:32:48.747458 |