Vote button trans.png
April's Project of the Month
It's spring time. It's primary election season!
Click here to find all the information you'll need to cast your ballot.




Nebraska Crime Victim Rights, Amendment 3 (May 1996)

From Ballotpedia
Jump to: navigation, search

The Nebraska Crime Victim Rights Amendment, also known as Amendment 3, was a legislatively-referred constitutional amendment on the May 14, 1996 primary election ballot in Nebraska, where it was approved.

Election results

Amendment 3 (Crime Victim Rights)
ResultVotesPercentage
Approveda Yes 194,964 64.9%
No54,95018.3%

Official results via: Nebraska Blue Book 2008-09 (p.261)

Text of measure

A vote FOR this proposal will add a new section to the Bill of Rights of the state constitution detailing certain rights to be possessed by the victims of crime or their representatives or guardians, as defined by law, to include: (I) being informed of all criminal court proceedings; (2) the right to be present at the trial unless the court determines that the victim should not be in attendance if necessary for a fair trial for the defendant(s); and (3) to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. In addition, it will be provided that these rights shall not be construed so as to deny or impair the enforcement of others provided by law or retained by crime victims; that the Legislature shall provide by law for the implementation of the rights detailed above; that there shall be no remedies other than as specifically provided by the Legislature for the enforcement of these rights; and that nothing in this new section shall be a basis for error in favor of a defendant in any criminal proceeding, or be the basis for providing standing to participate as a party to any criminal proceeding. or be a basis to contest the disposition of any charge.
A vote AGAINST this proposal will result in not adding to the Bill of Rights of the state constitution a new section detailing rights to be possessed by the victims of crime, their implementation by the Legislature, and the remedies to be provided.
A constitutional amendment to prescribe that crime victims shall have certain rights. A crime victim or his or her guardian or representative would have the right to be informed of all criminal court proceedings, the right to be present at trial unless the trial court finds that keeping the victim out is necessary for a fair trial for the defendant, and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. The Legislature would be required to pass laws for implementation of such rights. There would be no remedies other than as specifically provided by the Legislature for the enforcement of such rights.[1]

Path to the ballot

This amendment was the third of five originally scheduled to be on the 1994 ballot, but was ruled by the State Supreme Court to have not been submitted in a timely manner by the State Legislature.[2]

See also

BallotpediaAvatar bigger.png
Suggest a link

External links

References