Victim Impact Statements: Are they going anywhere?

“…He is broken and simply can not be fixed. He has been incarcerated before and it apparently had no affect on him what so ever because he obviously has no qualms about committing more and worse crimes. He also does not seem to have any remorse for raping me or stealing from my family. Nor is he willing to accept responsibility for or acknowledge the severity of these heinous crimes. Throughout the trials he has been sneaky and manipulative and even while he was raping me and stealing from us he kept saying over and over “see this isn’t so bad” “see I’m not such a bad guy”. If anything his lack of acknowledgement and seeming oblivion to the cruelty and brutality of his crimes should in no way excuse his behavior, but should serve as further evidence of his complete lack of moral character, and as to why society should no longer be subjected to the presence this ‘human being’.”

(This is an excerpt from a victim impact statement written by a woman whose home and body were both violated in the same night)

Typically a victim impact statement, VIS, is given during the sentencing phase of a trial and is a very emotional occurrence for anyone who witnesses it. They are typically delivered by the actual victim or people close to the victim. The purpose of victim impact statements is to allow the victim an opportunity to personalize the event and to express to the court what personal repercussions they suffered. These could be anything including financial woes, loss of job and wages, medical treatment and permanent physical damage, mental and emotional instability, and fear of daily life and possible reoccurrences if the defendant were allowed his/her freedom. During this time of the trial the convicted person(s) may not speak nor are they allowed any type of rebuttal following the proceeding.

The issue of proportionality (8th Amendment) is brought up as a constitutional conflict during VIS readings. It has been argued that if a VIS is given by a compelling and articulate person, the defendant will more likely receive a higher sentence than if the VIS was given by someone who was not compelling or articulate.

The 14th Amendment has also set the foundation for arguments against the use of VIS’ in court. This contention is that VIS’ violate the Due Process clause in the 14th Amendment that guarantee the defendant be free from unfair prejudice. Here the defendant fears the evidence brought up in the VIS will render his case fundamentally unfair and prejudice against his favor.

Be that as it may the use of VIS in court is not going anywhere. A recent survey by the National Center for Victims of Crime found that when victims were asked how important it was to be able to read a VIS, 80% stated that it was “very important”. It appears that the only people who are protected by our criminal justice system are the criminals themselves. Where is the Bill of Rights for victims? VIS’ and victim rights are very popular among Americans. We wish to see the “bad guy” put away and the victim to be able to heal their wounds. As it is, any politician who outwardly expresses his or her disdain for VIS’ is ultimately committing political suicide. The emotion and support surrounding the issue of VIS’ is strong and steadfast.