4.J 89/2:5. HRG. 105-798

S. HRG. 105-79

A PROPOSED CONSTITUTIONAL AMENDMENT TO
PROTECT CRIME VICTIMS

HEARING

BEFORE THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

ONE HUNDRED FIFTH CONGRESS

SECOND SESSION

ON

S.J. Res. 44

A BILL PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES TO PROTECT THE RIGHTS OF CRIME VICTIMS

53-097 CC

APRIL 28, 1998

Serial No. J-105-98

Printed for the use of the Committee on the Judiciary

Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

ISBN 0-16-057965-1

CONTENTS

Page

STATEMENTS OF COMMITTEE MEMBERS

Hatch, Hon. Orrin G., U.S. Senator from the State of Utah

Leahy, Hon. Patrick J., U.S. Senator from the State of Vermont

Kennedy, Hon. Edward M., U.S. Senator from the State of Massachusetts
DeWine, Hon. Mike, U.S. Senator from the State of Ohio

Kyl, Hon. Jon, U.S. Senator from the State of Arizona
Feinstein, Hon. Dianne, U.S. Senator from the State of California
Feingold, Hon. Russell D., U.S. Senator from the State of Wisconsin

CHRONOLOGICAL LIST OF WITNESSES

Statement of Raymond C. Fisher, Associate Attorney General, U.S. Depart-

ment of Justice, Washington, DC

Panel consisting of Paul G. Cassell, professor of law, University of Utah

College of Law, Salt Lake City, UT; Robert P. Mosteller, professor of law,

Duke University School of Law, Durham, NC; Steven J. Twist, assistant

general counsel, Viad Corporation, and former chief assistant attorney gen-

eral of Arizona, and member, executive committee, National Victims' Con-

stitutional Amendment Network, Scottsdale, AZ; Norman S. Early, Jr.,

former Denver district attorney, and board member, National Organization

for Victim Assistance, Denver, CO; Kathleen Krenek, policy development

coordinator, Wisconsin Coalition Against Domestic Violence, Madison, WI;

and Marlene A. Young, executive director, National Organization for Victim

Assistance, Washington, DC

ALPHABETICAL LIST AND MATERIALS SUBMITTED

Cassell, Paul G.:

Testimony

Prepared statement

Early, Norman S., Jr.:

Testimony

Prepared statement

Fisher, Raymond C.: Testimony

Krenek, Kathleen:

Testimony

Prepared statement

Mosteller, Robert P.:

Testimony

Prepared statement

Feinstein, Hon. Dianne: Article "Laurence Tribe: The Amendment Could

Protect Basic Human Rights," Harvard Law Bulletin Summer 1997

Twist, Steven J.:

Testimony

Prepared statement

Young Marlene A.:

Testimony

Prepared statement

APPENDIX

Page

QUESTIONS AND ANSWERS

Responses of Raymond C. Fisher to questions from Senators:

Responses of Paul G. Cassell to Questions from Senator Leahy

Responses of Robert P. Mosteller to questions from Senators:

Hatch

Leahy

Kennedy

Responses of Steven J. Twist to questions from Senators:

Hatch

119

123

126

127

129

133

135

136

Responses of Norman S. Early, Jr. to questions from Senators:

Responses of Kathleen Krenek to questions from Senators:

Responses of Marlene Young to questions from Senators:

Hatch

Leahy

Kennedy

139

140

140

142

142

144

148

ADDITIONAL SUBMISSIONS FOR THE RECORD

Prepared statements of:

National Governor's Policy

Susan Herman on behalf of the National Victim Center

Sub-Report: Crime Victim Responses Regarding Victims' Rights,

dated Apr. 15, 1997

150

152

154

NOW Legal Defense and Education Fund

164

Roger Pilon, Federal public defender, Western District of Washington

Letters from:

166

Thomas W. Hillier, II, Federal public defender, Western District of Wash-

ington, to Senator Hatch, dated June 10, 1998

169

S. Daniel Carter, Security on Campus, Inc., to Senator Hatch, dated

Apr. 30, 1998

171

Sanford Krasnoff, executive director, Victims and Citizens Against Crime,

Inc., to Senator Hatch, dated May 18, 1998

171

Chris Whipple, acting executive director, Victim Services, to Senator

Hatch, dated June 9, 1998

172

Various Organizations, to Senator Hatch, dated June 10, 1998

174

Gerald Wilkie, executive director, Bolton Refuge House, Inc., to Senator

Hatch, dated Apr. 22, 1998

175

Leslie Hagin, NACDL legislative director and counsel, to the Senate

Judiciary Committee, dated June 10, 1998

175

Diane Wolff, executive director, The Women's Community, Inc., to Sen-

ator Feinstein, dated Apr. 18, 1998

177

State senator Joanne Huelsman, co-chair and Rebecca Bancroft, co-chair,

State of Wisconsin, Governor's Council on Domestic Abuse, to Senator

Feingold, dated Sept. 30, 1997

178

Amy E. Judy, policy development specialist, Wisconsin Coalition Against

Sexual Assault, to Senator Feingold, dated Oct. 23, 1997

178

Submissions of Senator Feinstein

Letters from:

Rocco Pozzi, president, American Probation and Parole Association, to

Senator Feinstein, dated July 25, 1996

179

Ann L. DelNegro, executive director, Delaware Violent Crimes Compensa-

tion Board, to Senator Feinstein, dated Mar. 13, 1997

179

Christopher A. Manos, CPP, president, International Society of Crime

Practitioners, Inc., to Senator Feinstein, dated Apr. 28, 1997

179

Page

Letters from-Continued

David L. Armstrong, Jefferson County judge/executive chair, Kentucky

Coalition Against Rape and Sexual Assault, to Senator Feinstein, dated

Oct. 14, 1997

Marc Klaas, to Senator Feinstein, dated May 20, 1996

Joseph C. De Ladurantey, secretary-treasurer, Los Angeles County Police

Chiefs' Association, to Senator Biden, dated Sept. 19, 1996

Katherine P. Prescott, national president, Mothers Against Drunk Driv-

ing, to Senator Feinstein, dated June 27, 1996

Teresa Klingensmith, manager legislative affairs, National Center for
Missing & Exploited Children, to Senator Feinstein, dated Apr. 25,

1996

Bonnie Orris, administrative coordinator, North Coast Crisis Team, to

Senator Feinstein, dated Jan. 14, 1997

180

180

180

181

182

182

S. Daniel Carter, Security on Campus, Inc., to Senator Thompson, dated

Nov. 26, 1996

182

Bob Miller, Governor, State of Nevada, to Senator Feinstein, dated May
24, 1996

183

James E. Doyle, attorney general, Department of Justice, State of Wis-

consin, to Senator Feinstein, dated Feb. 20, 1997

183

Marlene Schlecht, president, Wisconsin Crime Prevention Practitioners

Association, to Senator Feinstein, dated June 30, 1997

184

Darlene Olson, president, Wisconsin Victim Witness Professionals, to

Senator Feinstein, dated Apr. 7, 1997

184

Janice B. Sager, State coordinator; and president, National Crime Vic-

tims' Constitutional Amendment, Texas Task Force, to Senator Leahy,

dated Mar. 23, 1998

195

Donna F. Edwards, executive director, National Network to End Domestic

Violence, to Senator Hatch, dated Apr. 28, 1998

197

Michael A. Insco, special prosecuting attorney, Office of Prosecuting At-
torney, Buchanan County Court House, to Senator Leahy, dated Apr.
17, 1998

198

Lynne Henderson, professor of law, Indiana University-Bloomington, to

Senator Hatch, dated Apr. 27, 1998

198