I want to mention a couple issues that need to be considered: One, who is a victim for purposes of the proposed constitutional amendment, and secondly, what does the amendment mean to prosecutions? We asked the Congressional Research Service. This is what they said: [S.J. Res. 3 leaves] to another day the definition of ``victim'' for purposes of the amendment. . . . It is yet unclear whether S.J. Res. 3 . . . will wipe the slate clean or simply supplement existing law and whether it will trump conflicting defendant constitutional rights or if the need to accommodate both will in rare instances preclude prosecution in order to avoid conflict. Think about that. CRS says under this amendment there are times when one might not be able to prosecute at all because of a conflict in its wording. I do not know how stopping a prosecution with this amendment helps a victim in any way, shape, or manner.
Patrick Leahy: “I want to mention a couple issues that need to be considered: One, who is a victim for purposes of the proposed…”
Editor's note · Context
Discussing concerns about a proposed constitutional amendment and its implications for victims and prosecutions.
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