U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Proposed Crime Victims' Federal Constitutional Amendment: Working Toward a Proper Balance

NCJ Number
176519
Journal
Baylor Law Review Volume: 49 Issue: 1 Dated: Winter 1997 Pages: 1-32
Author(s)
R Barajas; S A Nelson
Date Published
1997
Length
32 pages
Annotation
This article analyzes the historical role of crime victims in the criminal justice system and current Federal legislation regarding victims' rights.
Abstract
The article describes the proposed crime victims' Federal constitutional amendment and discusses arguments for and against the amendment. It also examines the possible diminishment of the rights of the criminal defendant, whether existing state constitutional amendments are sufficient protection, and whether victims' rights are too costly to implement. Finally, the article notes that efforts to address the needs of victims of crime is not revolutionary, but rather simply a move toward reestablishing a proper balance between the rights of the accused and the rights of the intended victim. The article concludes that, without a Federal constitutional amendment, victims' rights will always come second to defendants' rights. The constitutional amendment is necessary to ensure the permanence of victims' rights from changes in the political climate. Notes, tables, appendix