In the United States, the Victims' Rights Amendment is a provision which has been included in some states' constitutions, proposed for other states, and additionally has been proposed for inclusion in the United States Constitution. Its provisions vary from state to state but are usually somewhat similar. There are likewise competing versions of the proposed federal amendment.
The Victims' Rights Movement began as a response to the spread of two beliefs. The first was the perception that the legal system was more concerned with the protection of the constitutional rights of criminal offenders and alleged offenders than they were the victims of their offenses. This was especially inflamed by numerous lawsuits alleging unconstitutional conditions in many U.S. jails and prisons, and a strong emphasis on the education and rehabilitation of those who were incarcerated, especially beginning in the late 1960s and 1970s. Advocates of the movement wanted to see affirmative help for crime victims to be at least as extensive as that provided to the offenders, and for victims to receive compensation from offenders whenever this was practicable. The second stimulus was the spread of the belief, bolstered by prominent stories in the media, that the number of released or paroled offenders returning to attack their original victims or victims' families was increasing, in some cases in retaliation for having reported the original offense. Most states' victims' rights amendments provide for the prosecutors to stay in touch with the victims and their families during all stages of prosecution, and to stay in touch with them post-conviction to advise them of events such as parole hearings, applications for pardons or other forms of executive clemency or relief, and similar news. They may require that any pay received by an offender while incarcerated go at least in part to compensate the victims, and that royalties to any creative works such as books, screenplays or similar works created by the offender judged to be derived from the events of the offense be assigned to the victims.
The federal victims' rights amendments which have been proposed are similar to the above. The primary contention, and perhaps the main reason that to this point they remain only proposals, is whether they will apply only to federal offenses and the federal system or will mandate all states to adopt similar provisions. This second version is offensive to many otherwise conservative "law and order" members of United States Congress because they deem it to be violative of another principle important to conservatives, that of federalism. Advocates of both sides are adamant on their version, and for this reason neither has been passed by either house of Congress.
Text of the Victims' Rights Amendment
House Joint Resolution 106, introduced on March 26, 2012, by Reps. Trent Franks and Jim Costa, failed to pass committee or be voted on. The bill reads as follows: There have been several previous versions of the Victims' Rights Amendment. The text of one version reads as follows:
