April 16, 2004 Letter to Senators Warner and Allen
PO Box 8208
Alexandria, VA 22306-8208
April 16, 2004
The Honorable John William Warner
United States Senate
225 Russell Senate Office Building
Washington, DC 20510-4601
The Honorable George F. Allen
United States Senate
204 Russell Senate Office Building
Washington, DC 20510-4604
Dear Senators Warner and Allen:
As your constituent, I urge you to oppose S.J. Res. 1/H.J. Res. 48, the so-called “Victims Rights Amendment.”
Victims of crime should be heard and protected, but we must not unnecessarily and recklessly change the Constitution, which has worked so well and has only been amended 17 times in 209 years. Amending the Constitution should be reserved for only those occasions when no other alternative is available. And that is not the case with victims’ rights. Every state has either a constitutional amendment or statute – or both – that protect victims’ rights. We should better enforce existing laws before taking the radical step of amending the U.S. Constitution.
More importantly, the proposed amendment would jeopardize the principle of innocent until proven guilty and the right to a fair trial. Our criminal justice system is based on the principle of presumed innocence. Amending the Constitution to allow victims to participate at every step of a prosecution may undermine the foundation of our justice system and the ability of the courts to operate in an impartial and fair manner. We can ensure that victims have a say in seeing that justice is done without amending the Constitution or putting the rights of the accused at risk.
Again, I urge you to oppose S.J. Res. 1/H.J. Res. 48, the so-called “Victims Rights Amendment.” As someone who has endured the murder of a loved one, I ask you not to support this legislation. We cannot shred the Bill of Rights in our pursuit of justice for our murdered loved ones.
I look forward to hearing your thoughts on this important matter.
Sincerely,
James Landrith
June 1, 2004
Mr. James Landrith
P.O. Box 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting me to share your views regarding the rights of victims of crimes. I appreciate your thoughtful inquiry.
On April 24, 2004, the Senate, with my support, passed S.2329, the Victims’ Rights Act, by a vote of 96 to 1. This legislation creates a set of statutory rights for victims of federal crimes and gives those victims the ability to enforce those rights in court. The legislation would grant the following rights to victims of federal crime:
– to be reasonably protected from the accused;
– to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused;
– not to be excluded from any such public proceeding;
– to be reasonably heard at any public proceeding involving release, plea, or sentencing;
– to confer with the attorney for the government in the case;
– to full and timely restitution as provided by law;
– to proceedings free from unreasonable delay;
– and to be treated with fairness and with respect for the victim’s dignity and privacy.
To ensure compliance with these new requirements, the legislation directs the Attorney General to issue regulations which include proper Justice Department oversight, training, and disciplinary systems. In addition under the legislation, the Administrative Office of the United States Courts and the General Accounting Office (GAO) are required to conduct progress reports on the assertion of these rights in federal court. Also, the bill authorizes about $122 million in funding through FY09 to assist efforts enforcing these rights and the creation of victim notification systems.
Twenty states have state constitutional amendments protecting the rights of victims of crime, and more states are considering it. In fact, the voters of Virginia recently approved an amendment to the Virginia Constitution to establish victims’ rights. In the past, I have cosponsored similar legislation. I strongly support the idea of raising victims’ rights to the same level as those of criminals, and I hope this legislation will soon be signed into law.
Again, thank you for giving me the benefit of your views on this very important matter.
With kind regards, I am
Sincerely,
John Warner
JW/jsf