NCJ Number
176092
Date Published
1997
Length
4 pages
Annotation
This House Joint Resolution 71 proposes an amendment to the U.S. Constitution to guarantee crime victims the right to be notified of and to participate in specified hearings pertinent to the processing of their case.
Abstract
The rights specified in the joint resolution apply to a victim of a crime for which the defendant can be imprisoned for a period longer than 1 year or any other crime that involves violence. This resolution guarantees such victims the right to notice of and presence at all public proceedings relating to the crime, as well as the right "to be heard, if present, and to submit a written statement at all public proceedings, relating to the crime, to determine a release from custody, an acceptance of a negotiated plea, or a sentence." In addition, the victim shall have the same aforementioned rights at a parole proceeding that is not public, to the extent those rights are afforded the convicted offender. Further, the resolution guarantees the victim shall be notified of any release or escape from custody of the offender, the right to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the crime, an order of restitution from the offender, and consideration for the victim's safety in determining any release from custody. The resolution advises that the rights to notice under this proposed amendment are not violated if the proper authorities make a reasonable effort to provide notice to the victim but are unable to do so. The Congress and the States shall have the power to enforce this article within their respective jurisdictions by appropriate legislation, including the power to enact exceptions when required by the public interest.