Date: Fri 01-Nov-1996

Publication: Bee

Author: STEVEB

Quick Words:

ballot-question-victim's-right

Full Text:

Ballot Question Addresses Victim's Rights

In addition to voting for candidates in Tuesday's election, voters will decide

on a statewide question proposed by the General Assembly asking "shall the

Constitution of the State be amended to provide certain rights to victims of

crime?"

According to the explanatory text, the amendment gives crime victims the right

to:

1. be treated with fairness and respect and be protected from the accused

throughout the criminal justice process;

2. notification of court proceedings and information about the arrest,

conviction, sentence, imprisonment, and release of the accused;

3. communicate with prosecutors, attend all criminal proceedings, including

the trial, unless the court determines that their impending trial testimony

would be materially affected if they heard other testimony; and make a

statement to the court at sentencing;

4. object to or support any plea agreement entered into by the accused and the

prosecution and to make a statement to the court before any plea agreement is

accepted;

5. have the criminal case disposed of as quickly as possible without

eliminating or reducing the rights of the accused; and

6. restitution, enforceable in the same way as any other cause of action or as

otherwise provided by law.

The amendment, approved May 1, 1996, allows the General Assembly to define who

is a "victim" and requires the General Assembly to enact laws to enforce it.

It specifies that neither it nor any other law enacted to enforce it creates

(1) a basis for setting aside a conviction or (2) grounds for an appeal from

any criminal case.