97-736 -- Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
Updated January 12, 2001

	Pro and Con

Arguments put forward in support of an amendment include assertions that: 
� The criminal justice system is badly tilted in favor of criminal defendants and against victims' interests and a more appropriate balance should be restored; 
� The shabby treatment afforded victims has chilled their participation in the criminal justice system to the detriment of all; 
� Society has an obligation to compensate victims; 
� Existing statutory and state constitutional provisions are wildly disparate in their coverage, resulting in uneven treatment and harmful confusion throughout thecriminal justice system; and 
� Existing state and federal law is inadequate and likely to remain inadequate 
Critics argue to the contrary that: 
� The criminal justice system is not out of balance. S.J.Res. S.J.Res. S.J.Res. . . a sentence." 3 and H.J.Res. 64 would have conferred legislative authority in two ways. But an amendment to theUnited States Constitution stands on different footing. It amends the Constitution. Proponents of S.J.Res. 3 and H.J.Res. 64 spokeof both the need to establish aminimum victims' rights standard and the need for uniformity.
Thirty-three states have added a victims rights amendment to their state constitutions. Both the House and SenateJudiciary Committees held hearings on similar proposals in the 106th Congress to amend the UnitedStates Constitution (S.J.Res. 3 introduced bySenator Kyl for himself and Senator Feinstein and H.J.Res. 64 introduced by Representative Chabot). TheSenate Committee initially reported outan amended version of S.J.Res. 3 without a written report, but issued a report prior to floor consideration ofthe reported proposal, S.Rept. 106-254. Neither S.J.Res. 3 nor H.J.Res. 64 were ever brought to a vote on the floor. This is an overview ofthose proposals and is an abbreviatedform of Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106thCongress, CRS Report RL30525(pdf). Authorities identifiedthere have been omitted here in the interests of brevity