LET'S CHANGE THE CONSTITUTION:

A VICTIMS' RIGHTS AMENDMENT

By Mark Klaas

Most of you know that in a final attempt to destroy my family at his sentencing hearing, Polly's killer accused me of molesting my own daughter. As the courtroom audience recoiled in horror and my mother moaned in agony, I bolted out of my seat in protest--only to be ordered out of the courthouse as the killer reveled in his sadistic attack.

This incident is just the latest demonstration of the imbalance of a system that overlooks innocent victims while serving legal professionals and defendants. We need a constitutional amendment that gives victims the same dignity, respect, and rights afforded the other players in the criminal justice system. A constitutional amendment for victims' rights includes three basic rights: the right to be informed; the right to be present; and the right to be heard throughout the criminal justice process.

Whatever Happened to Victims' Rights?

A brief description of the evolution of America's criminal justice system explains the disparity in rights. At the dawn of our history, the colonies adopted the English common law tradition of private prosecutions that guaranteed crime victims the right to initiate and prosecute criminal cases. As the criminal justice system evolved, public prosecutors representing the interest of the state displaced private prosecutions, effectively excluding victims from participation. U.S. Supreme Court decisions in the 1960s expanded upon the rights of criminal defendants, thereby eliminating any semblance of balance for crime victims.

Every year, 43 million Americans are victimized by crime. Four amendments to the U.S. Constitution specifically address defendants' rights, yet crime victims are never mentioned. It is an unfortunate irony that constitutional rights created to protect the innocent now shield the guilty. If we treated offenders as shabbily as we treat victims, it would be considered cruel and unusual punishment.

A 1982 Presidential Task Force recommended that the United States Constitution specify fundamental rights for victims of crime. In April 1996, Senator Jon Kyl (R-AZ), Senator Dianne Feinstein (D-CA), and Representative Henry Hyde (R-OH) introduced the victims of crime constitutional amendment. On June 25, President Clinton endorsed a victims' rights amendment to the U.S. Constitution. Twenty-seven states have amended their constitutions to include crime victim amendments, with an average approval rating of 80 percent. A 1991 national public opinion poll found that nine out of ten Americans support an amendment to their state's constitution that would increase victims' rights.

When It's Time to Amend the Constition

When high-profile killers purchase their freedom and convicted baby murderers gain release after serving a minimal sentence, faith in the criminal justice system is undermined by a fear of retribution. When only nine percent of reported violent crimes are resolved with the perpetrator being incarcerated, criminal justice is perceived as justice for criminals. When this perception infects the majority of innocent people, the process is eroded by a reluctance to cooperate, which fosters still more criminal activity. According to U.S. Attorney- General Janet Reno, "Our criminal justice system will never be truly just until victims of crime have as many rights as criminals."

We should never lightly amend the United States Constitution. However, victims of crime will never be fairly treated by a system that does not afford them equal fundamental rights, and that can only be achieved through constitutional amendment. Thomas Jefferson eloquently stated the need to occasionally modify the ultimate law of the land: "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered, and manners and opinions change; with the change of circumstances, institutions must advance also to keep pace with the times."