Victim Impact Statements, Research Paper Example

The Victim Impact Statements, VISs refers to the statements which are commonly read in court during sentencing in the criminal trials by either the victim or by another person on behalf of the victim or members of the family of the victim. The intention of the VISs is to offer an opportunity to the victim(s) in the criminal trial who bear the greatest effect of addressing the court in the process of making the final decision. The constitutionality of the VISs has in most cases been challenged in courts in the United States (Chalmers & Leverick, 2007). The VISs has in most situations personalized a crime coupled with the elevation of the victim’s status. From the perspective of the victim, VISs are considered prudent in facilitating for emotional recovery and may also confront the criminal which can further facilitate for rehabilitation.

The VISs also guides the court to the extent of harm that the victim and family members endured if it can be beneficial in the determination of the case. In the criminal cases where death has arisen, the VISs are issued by the members of the family. This however has been attributed to unprincipled effects as a result of a requirement for giving varied punishments to death related cases based on the echelon of harm that has been highlighted in the VISs. This has therefore been a root cause of unrelenting challenges due to the potential conflicts that has been associated with VISs to the Eighth Amendment’s “Proportionality Doctrine”, that requires punishment to be meted in proportion to committed crime.

In the case of Booth v. Maryland, 482 U.S. 496 (1987), the guilt of the petitioner was identified having committed murder of first degree as well as other crimes that motivated the jury to declare a death sentence. The report that had been prepared in Maryland incorporated a VIS as per the requirements of the state statute. The VIS presented the severity of the emotional impact to the victim and family members. The opinions and crime characterization in the VIS also influenced the judgement and the petitioner was denied a chance for suppressing the VIS due to the volatility is was likely to arose in Eighth Amendment. The sentencer over relied on the VIS by accessing information on the extent of harm that informed the judgment (Myers, 2004).

Some situations require that the VIS be considered with less weight especially in cases that attract a death penalty as the only option. However, the VIS should not be dismissed as unimportant in the cause of the process. They must be given the relevant value to serve restorative purposes though they should not be the basis of punishment differentiation that leads to death penalty. The person given the mandate of presenting the VIS must be clear in the discussion of the direct as well as specific trauma as well as harm that is attributed to the crime (Miller, 2007). They must also be clear on the problems as well as loss in form of income that can be attributed to the crime. It is also crucial to highlight the implications of the crime on the future ambitions as well as the plans of the victim and family members. The jury on the other hand must give the defendant an opportunity to submit in response to the VIS which is a good platform for determining the gravity of the situation before delivering the sentence.

References

Chalmers, J., P. D., & Leverick, F., (2007). Victim impact statements: Can work, do work (for those who bother to make them). Criminal Law Review, (December): 360-379.

Miller, K., (2007). Empowering victims through the use of victim impact statements in cases of sexual assault in Nova Scotia. Policy Centre for Victim Issues, Department of Justice  Canada.

Myers, B., (2004). “The Prejudicial Nature of Victim Impact Statements” (PDF) 10 (4). Psychology, Public Policy, and Law. pp. 492–515.