Protecting the Rights of Crime Victims: Hearing Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, First Session ... St. Louis, MO, May 1, 1999, Volume 4U.S. Government Printing Office, 2000 - 60 pages |
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Page 2
... judges impose and State judges are required to impose a Suprem- acy of the Federal Constitution's laws , and as a result , judges are always forced to set aside , in a conflict , the State law about victims ' rights in favor of the ...
... judges impose and State judges are required to impose a Suprem- acy of the Federal Constitution's laws , and as a result , judges are always forced to set aside , in a conflict , the State law about victims ' rights in favor of the ...
Page 3
... judges and parole officers . However , there is still room for improvement , and I hope that to- day's hearing will help us move forward in an effort to improve this amendment that we ultimately hope to enshrine as a part of the ...
... judges and parole officers . However , there is still room for improvement , and I hope that to- day's hearing will help us move forward in an effort to improve this amendment that we ultimately hope to enshrine as a part of the ...
Page 5
... Judge Cundiff offered a plea for life , we were told , and we requested a meeting with the judge . Mr. Braun and Mr. Buheler set up this hearing , and when I asked Judge Cundiff why he of- fered to plea for life instead of death , his ...
... Judge Cundiff offered a plea for life , we were told , and we requested a meeting with the judge . Mr. Braun and Mr. Buheler set up this hearing , and when I asked Judge Cundiff why he of- fered to plea for life instead of death , his ...
Page 6
... judges and attorneys aware of these rights . There has to be a way to ensure the victims ' rights are carried out in all of our communities . We have approximately 60 members of the Lewis & Clark Chap- ter of POMC . Some are new in ...
... judges and attorneys aware of these rights . There has to be a way to ensure the victims ' rights are carried out in all of our communities . We have approximately 60 members of the Lewis & Clark Chap- ter of POMC . Some are new in ...
Page 7
... judge said we've delayed long enough , we're going to go to trial . So his attorney approaches and asks for a plea bargain . Well , in 1982 , we had no victims ' rights , so most of us didn't know anything about what was going on in the ...
... judge said we've delayed long enough , we're going to go to trial . So his attorney approaches and asks for a plea bargain . Well , in 1982 , we had no victims ' rights , so most of us didn't know anything about what was going on in the ...
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Common terms and phrases
ANGELBECK ASHLOCK Bednar Carnahan Cassell clemency application clemency decisions clemency process commutation of sentence Congress Constitutional Amendment Network constitutional rights convicted courtroom crime victims crimes of violence criminal justice process criminal justice system domestic violence enforcement executive extending rights family members Force on Victims fundamental justice going Governor heard hearing House bill implementing important issue JOHN ASHCROFT judicial jury Laurence Tribe Missouri amendment MOVA nonviolent crimes notified offenses Parents of Murdered parole Paul G percent plea bargain President's Task Force proposed amendment prosecuting attorney prosecutor protect victims rape restitution Rights Amendment rights of crime rights of victims Senate Joint Resolution Senate Judiciary Committee Senator ASHCROFT sentencing judge Shell Knob STAT statement supra note testify testimony Thank U.S. CONST UTAH victim impact statement victim participation victims of crimes victims of violent victims rights violent crime Willie
Popular passages
Page 39 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 36 - A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.
Page 32 - when someone is a victim, he or she should be at the center of the criminal justice process...
Page 37 - He shall have power, after conviction, to grant reprieves, commutations and pardons for all crimes and offenses, except treason and cases of impeachment, upon such conditions as he may think proper ; subject, however, to such regulations, as to the manner of applying for pardons, as may be prescribed by law.
Page 57 - Only the victim or the victim's lawful representative shall have standing to assert the rights established by this article. Nothing in this article shall provide grounds to stay or continue any trial, reopen any proceeding or invalidate any ruling, except with respect to conditional release or restitution or to provide rights guaranteed by this article in future proceedings, without staying or continuing a trial. Nothing...
Page 26 - When someone is a victim, he or she should be at the center of the criminal justice process, not on the outside looking in.
Page 53 - Nothing in this section shall be construed as creating a cause of action for money damages against the suite, a county, a municipality, or any of the agencies, instrumentalities, or employees provided that the General Assembly may, by statutory enactment, reverse, modify, or supercede any judicial decision or rule arising from any cause of action brought pursuant to this section.
Page 36 - A pardon in our days is not a private act of grace from an individual happening to possess power. It is a part of the Constitutional scheme. When granted it Is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed.
Page 37 - And he [the President) shall have power to grant reprieves and pardons for offenses against the United States, except in cases of...
Page 31 - For some victims, making a statement helps restore balance between themselves and the offenders. Others may consider it part of a just process or may want to communicate the impact of the offense to the...