Dianne Feinstein: “last week, during the debate on a proposed constitutional amendment to protect the rights of crime victims, Senator…”

“last week, during the debate on a proposed constitutional amendment to protect the rights of crime victims, Senator Leahy made several lengthy statements challenging some of the facts set forth by supporters of the amendment, including myself. We responded to many of those arguments at the time--and, I believe, refuted them. I do want not burden the record now by repeating all our contentions or making new ones. However, there is one argument that the Senator from Vermont made during the waning hours of debate on the amendment that I find particularly troubling. It involves the role of victims in criminal proceedings at the time our Constitution was written. Because I believe the Senator's comments contradict the clear weight of American history, I feel compelled to respond. Here is the argument Senator Leahy disputes: At the time the Constitution was written, the bulk of prosecutions were by private individuals. Typically, a crime was committed and then the victim initiated and then pursued that criminal case. Because victims were parties to most criminal cases, they enjoyed the basic rights to notice, to be present, and to be heard under regular court rules. Given the fact that victims already had basic rights in criminal proceedings, it is perhaps understandable that the Framers of our Constitution did not think to provide victims with protection in our national charter.”