Victim’s Rights Amendment Essay

Introduction

Victim rights reforms in the United States have taken several different paths over the last few decades. One of these paths involves concerted efforts to acquire passage of a federal constitutional amendment often referred to as the Victim Rights Amendment (VRA). Doerner and Lab claim that this amendment is intended to guarantee certain rights to victims of crime whenever they participate in the criminal justice system (364). Prior to the enactment of these civil liberties in a number of states, victims of crime had no civil liberties all through the criminal justice procedure. This paper discusses six issues in this proposed Victims’ Rights Amendment.

The substance of the Victim’s Rights Amendment

The proposal in the VRA dates back to 1982 when a task force chosen by President Ronald Reagan made a recommendation for augmentation of the Sixth Amendment to include civil rights of victims of a felony (National Center for Victims of Crime 1). In its view, the government had been trampling down the rights of its individual citizens through the criminal justice system.

The Sixth Amendment, which is concerned with the criminal justice system, accorded civil liberties to the accused criminals leaving out the victims (Doerner and Lab 365). The accused criminals enjoyed liberties like the right of a prompt and free trial by an independent jury, the right of being informed on the character and basis of their accusation, and the right to have the assistance of counsel among others. The victims on the other hand enjoyed nothing since the Sixth Amendment did not mention anything about them.

In addressing this impartiality, it was proposed that the VRA should ensure the inclusion of a clause that will guarantee that the victim in the criminal prosecution is accorded equal rights as those of the accused. This amendment ensures the victim is accorded the right of being present and to be heard at all the critical stages of the judicial proceedings, and the civil liberty to be treated with esteem, poise, and justice (Waller 169).

Sponsor(s) of the Amendment

The sponsoring of this amendment can be traced back to 1982 when the task force on victims of a felony called for changes to the constitution to protect the victims of crime (Doerner and Lab 364). Members of this task force became the first sponsors of this amendment and they were immediately followed by national crime victim’s rights leaders. According to Mosteller and Powell, this group of national advocates organized themselves into the group called Victims’ Constitutional Amendment Network or Victims’ CAN. Through this organization, they fought for amendments to the state-level constitutions by proposing the inclusion of the clause protecting victims.

How the Amendment will Change the Existing Law

According to Del Carmen, the VRA provides victims of crime with three basic rights which include: the civil right to be treated with poise, high opinion and justice, the right to be informed of case progresses, and the civil liberty to be available and be heard during the critical stages of the criminal justice process (35). The existing law accords certain rights to the accused like enjoying an immediate and unrestricted trial by an unbiased board of judges, the right to be provided with information regarding the grounds and nature of their accusation, the right to obtain witnesses in one’s favor, and the right of having the assistance of a council among others. This amendment will ensure there is a balance of rights for the victims and the offenders by ensuring that the victims are accorded similar privileges.

Apart from the three rights that this amendment proposes, the victims will be accorded a right to apply for compensation, a right to be accorded protection from harassment and intimidation, a right to restitution from the accused offender, and a right to prompt return of any personal property that was seized as evidence in the judicial proceedings. Additionally, this amendment will ensure the law accords these victims a right to a speedy trial, a right to be informed of events in the criminal justice process, a right to be informed of the legal rights and remedies, and a right to be informed of available sources and the right to ensure these rights are enforced.

Organized Interests or Groups Supporting or Opposing this Proposal

Organized interest supporting this proposal includes the Victims’ Constitutional Amendment Network (Victims CAN), which is also the key sponsor of this amendment. This group works closely with advocates at the state level to lobby for amendments to the state constitutions before proceeding to the United States Constitution (National Center for Victims of Crime 1). Apart from Victims CAN, this proposal is also supported by the National Victims’ Constitutional Amendment Passage (NVCAP) and its sister organization, the National Victims Constitutional Amendment Network (NVCAN).

Arguments for and Against the Amendment

The proponents of this proposal have argued that it will ensure a balance in the rights for the victims of crime and the offenders by guaranteeing a balance in the scales of justice. The current constitution does not ensure the protection of the victims of crime given that it only concentrates on the accused. Secondly, these amendments will fix the patchwork of law covering the victim’s rights. Additionally, this amendment will ensure that the rights that existed when the constitution was written, which have been subsequently faced out by numerous amendments, are restored.

Opponents of these recommendations have criticized them as essentially federalizing the state criminal justice process. In this respect, they have argued that people and elected officials of particular states will be denied the right to choose the range of victim rights and services that are to form part of their state criminal justice structures.

Opinion Regarding the Merits of the Amendment

One fact that is evident in this amendment is that it will ensure there is a balance of rights for the offenders and the victims of crime. This balance of power will remove the negative image that has always accompanied the victims of crime and it will give them satisfaction when they are involved in the judicial proceedings with the offenders.

Conclusion

In conclusion, the victims’ rights amendment is intended to guarantee certain rights to victims of crime. Initially, victims of crime had no civil liberties all through the criminal justice procedure, they were never informed and in most instances, they were treated callously by a system that was in place to protect them. The Sixth Amendment only covers rights accorded to the accused and this amendment proposes an augmentation in this section that will ensure victims are heard, are given the right to be present and that are treated with respect in judicial proceedings.

Works Cited

Del Carmen, Rolando. Criminal Procedure: Law and Practice. Belmont, CA: Wadsworth Cengage Learning, 2007. Print.

Doerner, William, and Steven Lab. Victimology. 6th ed. Burlington, MA: Anderson/Elsevier, 2012. Print.

Mosteller, Robert, and Jefferson Powell. “With Disdain for the Constitutional Craft: The Proposed Victim’s Rights Ammendment.” North Carolina Law Review 78.5 (2005): 371-373. Print.

National Center for Victims of Crime. Constitutional Rights for Crime Victims. National Center for Victims of Crime, 2011. Web.

Waller, Irvin. Rights for Victims of Crime: Rebalancing Justice. Plymouth: Rowman & Littlefield, 2011. Print.