Question

• What is a victim-impact statement?
• Do you think victim-impact statements should be admissible at the sentencing stage of criminal trials? If so, what information should they contain, and what should be omitted? How can the information in victim-impact statements be verified?
• What individual rights (of the victim or the accused) might be supported or harmed by victim-impact statements?
• Advocates of victim-impact statements argue that some victims have a greater inherent worth than others when measured in terms of social harm. Do you agree or disagree?
• Considering the goals of sentencing, would victim-impact statements affect one kind of sentence as compared to another? Explain.

Answer 1

Victim-impact statements are written or oral statements which state about the physical, emotional, psychological, economical loss faced by victim. Victim-impact statement plays a crucial role in sentencing or punishing the offender.

I think victim-impact statement should be admissible at the sentencing stage because it is only the victim who knows about the actual damage and sufferings. Victim impact statement should contain details of the physical, psychological emotional, economical and social damage as well. How a certain crime or act has affected victim’s life is important to consider but I think more important to consider is to know how the crime would affect victim’s life in future as well. Before the time of sentencing, verification should be done through certain neutral government agencies, through collecting information from multiple sources or through directly or indirectly associated persons. Some psychological tests are also good to be conducted.

Victim has some core rights among them some are supported by victim impact statement.

Victim has right to be fairly treated by respecting victim’s dignity and self-respect.

The right to be heard. Victim impact statement gives an opportunity to tell what he/she has gone through and still going through.

Victim has the right to apply for crime victim compensation and victim impact statement gives a fair idea about the damage.

I completely agree with the statement that some victims have a greater inherent worth than others when measured in terms of social harm because only sufferer knows about pain of sufferings. Other may empathize but actual pain and only felt by the person who is going through all this. The social harm is something that is not easy to compensate. Starting a new life by breaking social taboos and coming out of the sympathy zone and start a new life is really difficult.

I think victim-impact statements would affect one kind of sentence as compared to another because ultimately sentence is given for the damage and sufferings and for the intention and purpose of accused person and victim impact statement gives the idea about many information which is not available to judge or to courtroom. Victim impact statement tells about the damage and suffering and victim’s sufferings cannot be neglected at the time of sentencing.