analysis assignment
Group 3 6
Group 3
GOVT_2305
Prof. Baker
04 November 2017
H.J.Res.64 — 106th Congress (1999-2000)
The constitutional amendment grants each individual who has been a victim of a crime right to see its defendant to be imprisoned for a period of longer than one year; the defendant might be imprisoned for more than one year. The individual can be a victim of any other crime such as violence; following rights:
· To the reasonable notice, not be excluded from, any public records or proceedings linking to crime,
· Submit the statement of all public proceedings to find out the conditional release from the custody, acceptance of negotiated plea, non-public release on parole proceedings, these rights are given to convicted offender,
· To equitable notice of, an opportunity to acquiesce the statement concerning, and a proposed pardon and commutation of the sentence,
· To reasonable notification of escape or release from the custody relating to any crime,
· To consideration of a victim that trial can be free from an unreasonable delay
· Order of the restitution from convicted offender,
· To consideration for victim’s safety in determining a conditional release from the custody connected to crime,
· To reasonable notification of rights established by this specific amendment,
(Sec.2)
Grants victim/ lawful representative of victim to avow such rights: this amendment shall provide;
1. The grounds to continue any trial or to stay, invalidate any ruling, to reopen any proceeding, to except restitution and to provide the right guaranteed through this amendment for the future proceedings without continuing any trial or staying
2. To authorize or to give rise any claim’s creation for damages contrary to the U.S. a political subdivision, a state, or employee or public officer
(Sec .3)
For enforcing this amendment through an appropriate legislation authorize the Congress. By this amendment permits the exceptions to establish the rights when necessary for the achievement of compelling interest (loc.gov).
(Sec. 4)
In section makes:
1. This amendment established the right to restitution order, inapplicable to committed crimes before the effective date
2. Also the immunities and rights established through this amendment are made applicable in the State and in Federal proceedings. It includes the military proceedings that Congress may be provided by its law. Proceedings in Columbia’s District, juvenile justice proceedings, any commonwealth, possession, and territory of the U.S (congress.gov).
The good and the bad of the proposed amendment
The Pros:
· Ensures that the story of victim has been taken into consideration and they are suitably compensated for crime
· It makes sure that the victim has idea about current status of offender, if a threat is posed by offender to them than post-release
The Cons:
· This amendment gives the undue rights to victims at expense of a fair trial such as they this amendment allows them to be heard at any proceedings that related to the offence, whether their inputs are appropriate, relevant or not.
· Where the victim has legal right to get compensation, they have the option to get it by civil lawsuit
· It is based on criminal procedures or a crime’s naive view, it assumes that every victim is innocent and or attacked by the dangerous criminals (loc.gov)
Ratified Amendment
When there is two-thirds of each “House of Congress” the process of the constitution amendment starts. This majority form each congress house adopts the constitutions amendment, this amendment again approved by three-fourths the minimum number of the States. With time, there were many bills that presented in the Congress for a constitutional amendment; however, only 33 bills were ratified by Congress. Of thirty-three bills only twenty-seven were ratified by the States and Those twenty-seven are called “27 amendments or ratified amendments”. Amending is an alteration or change in the constitution while ratification is to approve the alteration or implementing the proposed change. (loc.gov)
Amendment 8 including fines, excessive bail, and punishment forbidden; excessive bail, excessive imposed fines shall not be required; not unusual and cruel punishments inflicted. The Supreme Court of United State has lined or ruled that this cruel and unusual punishment amendment should be applied to all States. In this amendment, the phrases are originated in the “English Bill of Rights of 19689” (online-resources).
Pros and cons of the proposed Amendment 8
The Pros:
· Permanently gets rid of murders
· Helps the community, world, and country to be a bit safer
· Those people who commit any crime incredibly horrible should pay
· If they committed a horrible crime then they may get the death penalty
· It prevents further crime form the person committing the crime
The Cons:
· Unfair and cruel
· Not painful and harsh
· No matter the crime it is not good to kill the people
· Many people learn from their mistakes so death penalty would be unscrupulous (loc.gov)
Challenges that confronted amending the constitution
The main challenge to amend this constitution is the death penalty. The death penalty in 32 states, and the military is legal, in 18 states the death penalty is illegal. The history of America showed that 17,277 people have been executed legally till 2015. The people or states that did accept this argued that the amendment has belittled the human dignity, that it is arbitrary and unnecessary. It stated that it must be rejected throughout the society (criminaljusticedegreehub.com).
Works Cited congress.gov. H.J.Res.64 - Proposing an amendment to the Constitution of the United States to protect the rights of crime victims. 106th Congress (1999-2000). n.d. 28 October 2017 <https://www.congress.gov/bill/106th-congress/house-joint-resolution/64>. criminaljusticedegreehub.com. Criminal Justice Degree Hub. 2015. 28 October 2017 <https://www.criminaljusticedegreehub.com/death-penalty-v-the-eighth-amendment/>. loc.gov.LibraryofCongress.n.d.28October2017 <https://www.loc.gov/search/?in=&q=amendment+8+&new=true>. —. Primary Documents in American History. 25 April 2017. 28 October 2017 <http://www.loc.gov/rr/program/bib/ourdocs/billofrights.html>. online-resources. Amendment 8. 2016. 28 October 2017 <http://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/the-bill-of-rights-amendments-1-10/amendment-8-excessive-bail-fines-and-punishments-forbidden>.