I sincerely believe that the only way to afford victims of violent crime standing under the Constitution to be able to assert a right that is provided is by amendment to the Constitution. I don't use my judgment. This is the judgment of the most distinguished legal scholars. I know there are strong forces at work in this in front of the scenes and behind the scenes. I know there are some people who believe what we are trying to do is weaken defendants' rights. That is simply not correct. Defendants' rights, as I see them, are basically rights that do not come into collision with the rights we would afford the victims. They are totally different rights. If there is a collision, our view is that the judge then provides the balancing mechanism. This gives the victim a standing in law to assert the right that, in a sense, can't be trusted. This issue goes down--let me be very candid--on one phrase. That one phrase is the addition of language that would say nothing in this Constitution would abridge the right of a defendant as provided by this Constitution. That is a paraphrase of what it is. The Department of Justice insists on that language. We will not get administration support, I believe, without that language.
Dianne Feinstein: “I sincerely believe that the only way to afford victims of violent crime standing under the Constitution to be able to…”
Editor's note · Context
Discussing the need for a constitutional amendment to support victims' rights in violent crime cases.
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