In Honor of Victims Rights

Floor Speech

Mr. GOSAR. Mr. Speaker, I rise today to discuss an important issue and to point out the efforts of a person who has worked tirelessly behind the scenes on this issue.

The issue I am referring to is the passage of a Victim Rights Amendment to the U.S. Constitution. Currently, this issue is before us by way of H.J. Res. 106.

The resolution seeks to amend our Constitution by fixing a problem our founders never likely anticipated. Our founding fathers were concerned, with good reason, about the prosecutorial abuses they had witnessed by the King of England and local Colonial loyalist bureaucrats.

There are few offices more powerful than a prosecutor, and abuse of that office by prosecutors, or by the police assisting that office, is prevented by many provisions in our Constitution. What has happened, however, is that all of the Constitutional provisions designed to stop prosecutorial abuse have essentially conveyed criminals in our society with fundamental rights unparalleled even for its lawful citizens.

This proposed amendment addresses the reality that for every crime there is a victim, and that our legal system has systematically excluded these victims from meaningful consideration. This amendment, if enacted, would prohibit the denial or limitation of the rights of a crime victim to fairness, respect, and dignity. It would also convey to a crime victim the right: (1) to reasonable notice of, and to not be excluded from, public proceedings relating to the offense; (2) to be heard at any release, plea, sentencing, or other such proceeding involving any right established under this amendment; (3) to proceedings free from unreasonable delay; (4) to reasonable notice of the release or escape of the accused; (5) to due consideration of the crime victim's safety; and (6) to restitution.

The victims of crimes would have standing to fully assert and enforce any of the above rights in court. This amendment brings balance back to the criminal justice system which has, for centuries, protected the criminals and ignored and often harmed the victims a second time.

At the same time, no constitutional right afforded to a criminal would be impacted or lessened. All such rights are preserved. Instead, crime victims are afforded some legal rights long overdue.

I want to point out the good work of Steven J. Twist, of Phoenix, Arizona. He has been an advocate for crime victims' rights. He recently published a scholarly review on this issue, called ``The Proposed Victims' Rights Amendment: A Brief Point/Counterpoint'' in the Phoenix Law Review, Volume 5, Number 2 (2012). He researched this issue and has advocated for this issue for years. His work should be recognized and applauded. On behalf of my constituents and the people of Arizona, I want to thank Mr. Twist for his work in this area and I encourage my colleagues to support H.J. Res. 106.

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