	Introduction

A victims' rights amendment to the United States Constitution has been introduced in threeessentially identically worded resolutions in the 108th Congress: S.J.Res. 1 , H.J.Res. 48 , and H.J.Res. 10 . (1) TheAmendment is one which the Presidenthas endorsed both in this Congress and the 107th Congress. A victim of violent crime shall have the right to reasonable and timely notice of any public proceeding involving the crime and of any release or escape of the accused; therights not to be excluded from such public proceeding and reasonably to be heard at publicrelease, plea, sentencing, reprieve, and pardon proceedings; and the right to adjudicativedecisions that duly consider the victim's safety, interest in avoiding unreasonable delay, and justand timely claims to restitution from the offender. The Need for Greater Balance. "Eighteen states lack state constitutional victims' rights amendments. But anamendment to the United States Constitution stands on different footing. It amends the Constitution. The victims' rights amendments in a few state constitutions concede that they may not be construed to diminish the rights of the accused. ); H.J.Res. The Amendment's grant of rights is subject to obvious facial limitations: 
- the notice rights apply only with respect to public proceedings ; 
- the rights attach to those proceedings involving the crime not those related to the crime; 
- victims are only entitled to reasonable and timely notice; and 
- victims are only entitled to notice of the release or escape of the accused. 108-191 at 34; S.Rept.106-254 at 30, S.Rept. Past Proposals. S.J.Res. S.Rept. (167) This reasonableness element may alsogive the courts and administrators greater discretion over the circumstances underwhich the right is accommodated than would be possible in the form of a restrictionpermitted by the last sentence in section 2 of the Amendment ("These rights shall notbe restricted except when and to the degree dictated by a substantial interest in publicsafety or the administration of criminal justice, or by compelling necessity"). Public Release Proceedings. 105-409 at 32. Enforcement

Section 4 of the Amendment empowers Congress to enact legislation to facilitate its enforcement. The reliefavailable may not include a claim for damages or the right to have completed trialsreopened to vindicate victims' rights. H.J.Res. . . interest in just and timely claimsto restitution."
Thirty-three states have added a victims' rights amendment to their state constitutions. S.J.Res. 1 / H.J.Res. 48 / H.J.Res. 10 would add a victims'rights amendment to the United States Constitution. The amendment is identical to proposalsoffered in the 107th Congress ( S.J.Res. 35 / H.J.Res. 88 / H.J.Res. 91 ) and has been endorsed by the President. Similar proposals date backto the 104th Congress.
The proposed amendment grants the victims of state and federal violent crimes the right:
- to reasonable and timely notice of public proceedings relating to the crime;
- to reasonable and timely notice of the release or escape of the accused;
- not to be excluded from such public proceedings;
- reasonably to be heard at public release, plea, sentencing, reprieve, and pardon proceedings;and
- to adjudicative decisions that give due consideration to victims' interests in their safety, inavoiding unreasonable delay and to consideration of their just and timely claims for restitutionfrom the offender.
The rights may not be restricted except to the extent dictated by a substantial interest in public safety or the administration of criminal justice or by compelling necessity. Only victims and theirrepresentatives may enforce the rights, but they may not do so through a claim for damages orrequest to reopen a completed trial. Congress is otherwise empowered to enact legislation for theamendment's enforcement.
The proposed amendment is the product of efforts to reconcile victims' rights, the constitutional rights of defendants, and prosecutorial prerogatives. The hearings on current and past proposals andthree Senate Judiciary Committee reports ( S.Rept. 108-191 ; S.Rept. 105-409 ; S.Rept. 106-254 )provide insight as to the intent of language used and proposed language implicitly rejected.
Proponents and their critics disagree over the need for the proposed Amendment, its meaning, its propriety, its costs, and its effect on federalism.
This report appears in abridged form under the title Victims' Rights Amendment: A Sketch of a Proposal in the 108th Congress to Amend the United States Constitution , CRS Report RS21434 .