[Congressional Record Volume 158, Number 119 (Tuesday, August 7, 2012)]
[Extensions of Remarks]
[Page E1448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       IN HONOR OF VICTIMS RIGHTS

                                 ______
                                 

                           HON. PAUL A. GOSAR

                               of arizona

                    in the house of representatives

                        Tuesday, August 7, 2012

  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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