Judges and juries care about what you have been through. It hasn't always been that way. Judges today are compelled by law to give victims and their family members an opportunity to address the court. Every state guarantees the right to present a written or oral statement in court addressing the impact of crime on the people most affected.
Victim Impact Statements are not presented during the first part of a trial. The focus of the first part of a trial is to determine the factual events surrounding the alleged crime in an effort to determine guilt or innocence. The Victim Impact Statement is presented after a defendant has been found guilty of a crime and the court has moved into the sentencing phase of a trial. The right to present a statement - Your Right - is guaranteed by your state law or constitution.
Victim Impact Statements were the idea of James Rowland, chief probation officer in Fresno County, California. Rowland believed it ws unjust that convicted offenders could use every means possible to cast themselves in a more favorable light before sentencing, while victims and their families were gagged with silence. Rowlands opinion spread and became widely accepted. In 1982, President Ronald Reagan's Task Force on Victim's of Crime filed its final report. Among the report's many recommendations was a proposal caling for legislation that would 'require Victim Impact Statements at sentencing." That same year, the Federal Omnibus Victim Witness Protection Act required Victim Impact Statements be considered in federal criminal cases. Individual states also began passing Victim Impact Statement laws.
To Give or Not to Give a Statement
Your right to tell the court how the crime committed against you or your loved one has affected you has been nobly won. Now it is up to you to determine if you want to excercise the right. The purpose of a Victim Impact Statement is to assure a balanced picture of both offender and victim in determining the most appropriate sentence for the convicted offender. It is your chance to tell the court and the offender what your life has been like since the crime. It may be the only opportunity you wil have to communicate with the offender.
You retain the right, however, not to prepare a written statement and not to speak or read a statement in court. Victims choose to forego this right for several reasons. Some may have cultural or spiritual concerns. Others believe their statements won't matter, are afraid they lack the necessary writing or speaking skills, or fear retaliation from the offender. These are all reasonable concerns, but all require additional reflection.
Let's Get Started
If you have decided to prepare a Victim Impact Statement, you will want to give it substantial thought before presenting your final product. Whether presented in written or oral form, you probably will want to tell the court much more than court time will allow. But begin by writing everything that comes to mind. You can come back later and choose the most important parts, Remember not to repeat evidence that has or will be presented in court. Your job is to tell the court how those facts affect you now.
Following are a few Dos and Don'ts about Victim Impact Statements. Do;
Do write simply and descriptively. Your goal is to help the court feel your loss. While no one can understand exactly what you are feeling, you can help others identify with your loss by using words that evoke feeling. Your words will help others in the court understand your experience. For example, which of the following statements give you more understanding?
1. Every morning when I wake up, I think about my daughter.
2. Every morning when I wake up, I remember that (name of daughter) will not be in her chair at the breakfast table and that I no longer will need to buy Fruit Loops, her favorite cereal. My heart skips a beat every time I pass the Fruit Loops in the grocery store and I say a quick prayer that she doesn't miss me as much as I miss her.
The second sentence goes beyond sentiment to convey a word picture. It will be more effective in an attempt to invoke understanding by members of the court.
Do write in short sentences and short paragraphs. Leave space between paragraphs.
Do ask someone to check your draft for spelling and grammar before you write your final statement.
DON'T
Don't vent your anger toward the court of the offender. Your goal is to express your hurt and your pain, not to blame. Assessing the blame is the court's job. You must always show respect to the court. Unsuitable language will diminish the effectiveness of your statement.
Don't describe what you want to happen to the offender while in prison. If your state law allows you to express your wishes for the sentence, do so - but don't get descriptive about harm you wish imposed.
Don't ask for a confession from the offender. The offenders attorneys will advise their client not to confess to the crime, even if they are found guilty. If you have an interest in meeting with the offender, it may be possible to arrange a meeting at a later time.
Don't write anything that is not true. In most states, the defendant through his or her attorney, can question or object to statements not believed to be factual. In few states, the defense attorney can cross-examine the victim about what has been said in the statement. Ask your victim assistance provider if this is allowed in your state.
As you consider how the crime has changed your life, you may use the following questions to guide you. Remembering and writing about something so painful may be difficult for you. Pace yourself and don't feel that you have to complete your draft in one sitting. Be gentle with yourself and take as many breaks as you need.
The Physical Impact of the Crime When you or your loved one are injured If you or your family member(s)was(were)injured, describe your treatment and recovery process. What preparations had to be made for your immediate care and your aftercare? Remember to include those injuries that may have healed.
What physical limitations do you live with now? Describe the physical pain involved in getting around, In getting to the courthouse. How much do the physical injuries affect your energy level? How permanet are your injuries? How have your injuries affected your ability to work and your ability to enjoy life? List things you can no longer do.
The Physical Impact When a loved one is killed If your loved one was killed, how has this affected you physically? Do you experience more frequent headaches? Have you gained or lost significant weight? Have you developed stress - related illnesses since the death? Have you visited a doctor more frequently? Do you experience pain that you did not suffer before the death?
The Emotional Impact How do you feel emotionally when you wake up in the morning? What do you think about? How often do you cry? Describe the last time you cried. What do you think about when you go to bed at night? How difficult is it for you to sleep? How long do you sleep? Do you have nightmares? About how much of every day do you feel sad? Do you feel more tired that you did before the crime? Have you been diagnosed with depression, anxiety,post traumatic stress disorder, or any other stress related illness since the crime? Are you on any medications for these conditions? Have you considered suicide since the crime? Have you had difficulties with relationships since the crime? How has it affected your family life? Has your view of the world as a safe and fair place changed since the crime? Has your spirituality changed since the crime?
The Financial Impact List expenses you have incurred that have not been reimbursed by insurance, Crime Victims Compensation programs, or other financial resources. List the amount you have spent on medical care, prescriptions, gas, automotive upkeep for trips to the doctor, rehabilitation and counseling. Did you have funeral or burial costs that were not reimbursed? Have you lost income as a result of the crime? Have you had to change households because the crime was so upsetting?
The court can order the offender to pay you for crime related expenses. This money is called restituion.While some judges are reluctant to order restitution, especially when the offender is going to prison and may have limited opportunity to earn money, most state law requires a judge to listen to your request and to consider restitution if your request is reasonable.
Sentencing Recommendations
If your state allows you to recommend conditions of the sentence for the offender, what do you want to happen?
If you want the offender to go to prison, as the victim assistance provider or prosecutor for the range of years that corresponds with each conviction. You will need to recommend a number of years within that range. In addition, you may request that the court order the offender to do certain things in prison or while on probation monitored by a community program rather than going to prison)or parole(monitored by a community program after being released from prison). Violation of the conditions of probation or parole can result in the offender going to, or back to prison.
Following are some things to consider: * No alcohol or other drug use. * Submit to random alcohol or other drug testing. Alcohol or other drug treatment. * Pay for mandatory urinalysis. * Participate in Victim Awareness Classes in prison (if available) * Attend Victim Impact Panels or classes if returned to the community(if available) * Have no contact with the victim or the victims family. * Pay full or partial restitution (Some victims require only a small amount paid every week to remind the offender of the crime.) * Place the victims photo in the prison cell(Judges may not order this unless the Victim Requests.) * Restrictions on where the offender can live in the community. * Perform community service and/or make a donation to an agency that relates to the crime. * Electronic Monitoring. * Installation of breathalyzer on automobiles. * Meet with the victim if both desire a meeting and after both have been professionally prepared. * Write weekly letters from prison describing prison life (to the victims family or to the offender's own family or children) and * No Internet access.
Relationship with the Offender Do you have any fears about the offender attempting to intimidate, harass, or cause you future harm? If so, what is the basis of your fear? What would you like the court to do to help you feel safer when the offender returns to the community?
Remember: Charges should be filed against any person making a threat against you. Call your prosecutor or the law enforcement agency where the crime was reported. Steps can be taken to prevent any future threats of violence. This may include getting a protective order against the offender.
Refining your statement That was alot of work, wasn't it? It was probably not only physically taxing, but emotionally draining as well. Attempting to write about the impact of crime can being it all back again, and it's usually difficult to find adequate words to describe what has happened to you.
Nonetheless, words are all you have at this point, so try to make the best of them.
Your Victim Impact Statement should take no more than 10 minutes of reading or listening time to make the greatest impression. So here comes the hard part.
Go over what you have drafted and underline or highlight the parts of each section that you think are most important in order to understand what you are going through. You do not need to shorten the Restitution Chart.
Now, let's write a new draft with a few guidelines.
Your Honor: Write a couple of sentences about how difficult it is to prepare this statement and why.
Write about the physical impact of the crime.
Write about the emotional impact of the crime.
Write about the financial impact of the crime. Don't repeat what you have checked on the Restitution Chart. You can staple it to your statement. State the general categories of your most significant expenses and give the total amount.
If allowed in your state, write about the sentence you think would be most appropriate for the offender. Do not describe specific harm, however.
Look over what you have written and make changes that you believe will make things more clear and descriptive. When you are satisfied with your statement and it can be read or heard in 10 minutes or less, copy it on some of your own stationery, typing paper or notebook paper.
Call your prosecutor of victim assistance provider. Ask where you should take or mail your statement, and when it is due. Be sure to make a few copies for yourself in the event your original gets lost or you need extras.
Victim Impact Statements and Children
Following are some guidelines for writing about the impact of crime on children in your family. Use this space to draft a statement as you did previously, and then revise it until you have it ready to present.
Physical Impact Was your child injured or hurt as a result of this crime? Write about the type of injuries, medical treatment received, how long the injuries lasted, and, where applicable, how long the injuries are expected to continue.
Emotional Impact How has your child been emotionally impacted by this crime? Has your child regressed developmentally as a result of this crime? How has your child's school performance changed? How has your child's relationship with family members and friends changed? Has your child required counseling? If so, how has it helped? If not, why not?
Victim Impact Statement for the Pre-school Child Parents: If your child is unable to read, help him or her with the blanks.. Read the instructions out loud to your child. However, please do not tell the child what to choose or draw. Remember that your child should do this only if he or she indicates an interest.
What is your name? _________________
How old are you? ___________________
Do you go to pre-school? If so, what is the name of your school or mothers day out program? ______________
How do you feel about what happened to you? ________
You can circle as many as you like.
Happy
Sad
Mad
Scared
Other
What do you think should happen to the person who caused this crime? You can circle as many as you like.
Go to jail.
Pay money to my family.
Get some help for his or her behavior.
Nothing.
Other ideas?
If you would like, you can draw a picture for the judge. If you don't want to draw a picture, that's OK too.
Victim Impact Statement For the School-Aged Child
What is your name? How old are you? What grade are you in?
1. Please write or draw anything you would like the judge to know about how you feel because of what has happened to you. You may want to write about anything that has changed in your life or in your family. You can even tell a story or write a poem if you would like. You can add more paper if you run out of room.
2. Please write or draw anything you want the judge to know that may be different at school, in your neighborhood or with your friends because of what has happened to you. You can add more paper if you run out of room.
Community Victim Impact Statements Communities and neighborhoods, as well as individuals can be victims of crime. A Community Impact Statement can be prepared several ways. Citizens can come together to draft a statement; individuals can write statements that can be edited and combined into one statement signed by all; or many residents can write short impact statements that are stapled together and presented to the court as a packet.
Victim Impact Statements of Parole Hearings Most states allow Victim Impact Statements at parole hearings of offenders. Your original statement may not always be included in the convicted offender's corrections file even though the law states it should be. You will want to be sure it is filed, but you may also want to present an updated Victim Impact Statement when the offender comes up for parole. To assure tht you will be notified, keep the parole board updated with your current contact information.
Your revised statement should include new physical, emotional, or financial consequences of the crime since sentencing was imposed. It should also include any evidence of unwanted communication you have received from the offender or the offender's representatives.
Tips to Remember * Prepare early to avoid stress of last minute writing after the conviction. * Focus on what the crime means to you physically, emotionally, financially and spirtually. * Write and speak from the heart about your pain. * Don't repeat evidence presented in the trial. * The statement should take no longer than 5 to 10 minutes to read. Shorter and simpler is always more powerful. * A ledible, hand written statement is acceptable. * Consider including a photograph as part of your statement. * You may ask your victim assistance provider for sample Victim Impact Statements.
However, someone else's story is not your story. Don't use someone else's words rather than your own. Reading other statements can give you a general idea of what a good statement is like.
Berks County Victim Impact Statements
A Victim Impact Statement is read after the court has decided guilt and before a sentencing hearing. This is the opportunity for a victim to express in words, how the crime has affected them. They are very sincere and from the heart.
Information provided from Victim Impact: A Victim's Right to Speak, a Nation's Responsibility to Listen, written in 1994 by Ellen K. Alexander and Janice Harris Lord with the support of the U.S. Department of Justice, Office for Victims of Crime, and later published by the National Victim Center and Mothers Against Drunk Driving.
