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Victim Impact Statement

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Victim Impact Statements and Their Importance to the Victims

Throughout the years offenders have been trialed and sentenced for their crimes just by the evidence presented to the court. Most of them serve their sentences until they have either reach their maximum sentence or apply for parole. Many of these cases are cut and dry, meaning that the offender’s sentences are predetermined by the crime and the offender’s criminal history whereas, the offender’s parole is determined by years served and good credits earned while in prison. There are times when sentences can be lengthened and paroles can be denied by a victim coming forward and presenting their side of the story in a Victim Impact Statement (VIS). Most victims or the family of victims …show more content…

The court is mostly concerned with the offender, the crime, and the punishment. It wasn’t until 1976 when Doris Tate presented a victims impact statement in California because she was worried that a member of the Manson family, who murdered her daughter, would obtain parole. California was also the first state to adopt the Victims’ Rights Amendments in 1992. (Neubauer, 2008) After 1992 there was much controversy of victim impact statements. Some believed that victims had the right to be heard and a chance to purpose a desired sentence. While others felt it was unconstitutional because it raised the risk of a jury or judge sentencing an offender to death. In the case of Payne v. Tennessee the court ruled that the admission of victim impact statements did not violate the Constitution’s but would be irrelevant in death penalty cases. (Neubauer, 2008) However, the Eighth Amendment does not prohibit the sentencing jury from considers Victim Impact statements in a capital cases. So when exactly are victims allowed to be heard and how can these statements benefit the victim? Do they understand that they have rights as …show more content…

Some victims feel like it is still too soon and they are not emotionally ready to relive the crime. Victims often times fear retaliation from the offender if they speak up about what the offender has done, but most of the victims feel like their opinions will not matter or that he/she will not be truly heard. However I believe that with the help of advocates such as, Mothers against Drunk Drivers (MADD), we could help victims around the country understand the benefits of submitting an impact statement and provide tips to help their statements make the greatest amount of impact on the court or parole

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