The Unnecessary Victims’ Rights Amendment

Authors

Robert P. Mosteller, Duke Law SchoolFollow

Document Type

Article

Publication Date

1999

Abstract

The principle purpose of this essay is to examine the major justifications advanced by supporters of the proposed Victims' Rights Amendment (the "Amendment") that they contend to require victims' rights to be protected through the unique form of a constitutional amendment. I begin with what should be an uncontroversial proposition: proponents of an amendment to the United States Constitution bear a heavy burden of persuasion and must be able to justify enactment of the amendment on substantive grounds. I conclude that the Amendment is unnecessary, and therefore its proponents simply have not made their case.

Citation

Robert P. Mosteller, The Unnecessary Victims’ Rights Amendment, 1999 Utah Law Review 443-477 (1999)