Saturday, 10 April 2004

Balancing rights

Robert Prather agrees with Jeralynn of TalkLeft that the proposed Victims’ Rights Amendment to the U.S. Constitution is a bad idea, and I tend to agree with that assessment.

In general, the amendment seems to be an example of a solution that is in search of a problem. At the federal level, there is nothing in this proposed amendment that couldn’t be guaranteed by statute in federal criminal proceedings. At the state level, there is little evidence that states have failed to consider (and either accept or reject) the need for similar provisions in their jurisdictions, or have deliberately excluded the interests of crime victims from political debate, which is the general threshold I’d say you need to cross to justify a federal intervention into areas of traditional state sovereignty like criminal justice.

In any event, you can read the full text of the proposed amendment at THOMAS and decide for yourself.