What Is a Victim Impact Statement?
A victim impact statement is essentially a description of how a crime and a criminal conviction for it has affected the victim. A victim impact statement often can be an effective way for a victim to express his or her feelings about the crime. The statement can describe emotional experiences as well their physical effects.
The victim impact statement generally is submitted during the sentencing phase of a criminal case, but there is no strict guideline on its required use. A judge holds discretion on whether to accept the victim impact statement for sentencing. While there is some variation in state rules, in many states, victims are not involved in the plea bargain process. However, judges do take them into account before issuing a sentence.
There are various approaches to victim impact statements, depending on what the writer hopes to achieve. In instances where the writer is expressing an emotional response, he or she might begin by sharing how the crime was discovered . From that point, the writer might discuss all the ways in which the crime has personally affected him or her. This could include anything from declaring an emotional response to describing physical characteristics, such as sleepless nights or recurrences of memories about the crime. Then, the victim might talk about living with the crime and ask the court not to release the perpetrator after sentencing. When possible, the victim can describe how the crime has impacted the victim’s family. Victims should be mindful of what may be appropriate in this type of a letter.
Victims might also write a victim impact statement during a restitution hearing, during which they might present evidence on crime-related expenses. Details not only might include insurance claims but also can cover estimating future costs, such as medical treatment, pain and suffering, transportation, lost wages, etc.
Key Components of a Victim Impact Statement
An effective victim impact statement has its own set of rules. The purpose of a victim impact statement is to make the victim be heard. It is also an opportunity to put exculpatory evidence before the judge in cases of a plea bargain. So an effective victim impact statement must have elements that make it effective. One of those elements is emotion. If a victim is not feeling powerful emotion, then the impact statement is probably ineffective. Sorrow, fear, embarrassment, shame, pain, anger, and pity are all feelings that go into a victim impact statement.
Another element of a victim impact statement is factual recounting of the damage suffered. If you are not telling the judge or jury what happened to you, how they made you feel, and how that makes you feel now, then your statement is not accomplishing all that it should. The fact that you may not think of yourself as a victim does not mean that you do not qualify as a victim. You don’t get to choose to be a victim, data dictate if you are a victim. And the allegation alone that someone victimized you is enough to make you a victim.
The next element of a victim impact statement is prognosis. Many victims never get over their victimization. So they need to tell the judge or jury how they will be impacted they go home after being victimized. Are you even able to go home after monster went to prison? Do you feel safe at home? Is your life ruined in some way? And do you expect it ever to be the same? When the judge and jury know that the victim’s life will never be the same, an award is much easier to make.
The next element of an effective victim impact statement is a recitation of what the victim wants. If a victim is asking for anything specific, (i.e., restitution, prison time, probation, treatment, counseling, etc.) this is the place to express it. If a victim does not ask for anything, then no one can think that this victim is asking for too much or too little. But this may be the best place to make a specific request.
The last element of an effective victim impact statement is that it is given in person. Most judges want to have the victim right in front of them when they give their victim impact statements. It reminds the judge of how human this experience is. It also forces the judge to make eye contact with the victim when the victim says that they are fearful. This is another reason that the judge should insist that the victim make their statement in front of the judge. There is some recognition that the jury has as well. The jurors usually cannot, however, ask questions of the victim. So, they must rely on the prosecutor to ask the questions that they wish could be asked of the victim. This is another reason that the victim should be allowed to give a statement before the judge and jury.
How to Craft Your Own Victim Impact Statement
Step 1. Consider Starting Off with a Catchy Yet Meaningful Phrase.
If you look at the victim impact statements I have posted on this blog, you will see a few have "catchy" phrases that I know have set the tone for the rest of the letter. Take for example, the case of Mr. Adams in the Cuyahoga County Court of Common Pleas. His opening phrase was:
"Imagine living a great life only to have it taken away with one phone call."
His phrase was impactful to not only the Court, but also to the media and he did a great job telling his story. I tell all of my clients who are in a situation where they have been assaulted, whether it was an assault that happened on the street or an assault by a spouse or significant other to consider starting off with a meaningful and catchy phrase that summarizes your situation in your victim impact statement.
Step 2. Tell your story in the First Person Mode.
The first person mode drafts the facts of the case as told from the victim. For example, if the crime was a robbery, the sentence structure would be "I was standing on the corner when the assailant approached me with a knife and demanded my money." If the crime was an assault by domestic violence, the sentence structure would be something like "I was at home when my boyfriend ran into the house screaming and threw me on the floor and attacked me."
Step 3. Use Short Sentences and be Direct and Honest.
Keep the sentences short and to the point. When I prepare victim impact statements, I don’t use flowery language because if the Judge or another judicial officer is reading the statement, he or she will frequently stop reading if the statement is not engaging and to the point. Be direct and honest about how the crime has impacted your life. For example, if you are now suffering from depression as a result of the crime, then your statement should say that because it has impacted your quality of life. I have represented victims who were formerly addicted to drugs and alcohol but who have overcome their addictions but are now unsure how to move forward in life. I usually explain to these clients that they still have mental health concerns that should be part of their victim impact statement. You must also be honest when drafting your statement. The victim impact statement is not the place to fabricate things to make yourself look better to the authorities involved in the case. For example, I have represented clients who are former drug addicts because I have a strong record of getting past the stigma of drug addiction in our society. However, even though my clients were willing to do the work of getting clean and turning their lives around, if they tell the Court that they have never used drugs that is false and could have dire consequences later down the line.
Step 4. Incorporate Other Documents into the Victim Impact Statement.
Short quotes from letters that your family and friends have written to you are a good way of incorporating feelings about you, the crime, and any other feelings. A great victim impact statement should have a few short quotes from others just so the Judge is not hearing just your voice or your opinion but that of others who care about you in terms of the crime that happened. Finally, if other people have drafted victim impact statements for the case, you should consider quoting parts of their statements. Your total victim impact statement should not be more than 10 pages long, by the way.
Step 5. Re-read Your Statement.
Before you send your victim impact statement to the prosecutor or the Court, you would like to read it over again for typos and ensure that everything you meant to say is on the page.
Example Victim Impact Statement: A Case Study
The following is a real-life example of a courageous, articulate and emotional victim impact statement written by the victim’s mother. This is an edited version of the actual statement. The victim was murdered by his estranged wife, who is now in prison. The statement was read before the victim’s murderer was sentenced.
No one can prepare you for the death of a child. It just cannot happen. I know the prosecutors tried to prepare me, but as you heard today, I was not going to allow this man to keep me from sharing my feelings and the feelings of others. I had no idea what the loss of our son would do to me. I have never cried so much in my life as I did in the months that followed Tyler’s murder. I cried for him – for the beautiful life he would not have, for all the things he would never do or say again. For the people whose lives he touched – for the people who would not have a chance to know him – to love him. I cried for both families – for the loss that neither family would ever recover from – a loss that would overshadow everything good we might ever get in our lives. I cried for his family who in time would have to carry this burden of sadness that they did not cause. I cried for Tyler and his family – knowing that what they had was gone forever. I cried for all of us who had lost the light that shined brightly around Tyler – the joy he brought to us and to all people who knew him. I cried for my parents – my dad especially, who has always been Tyler’s biggest fan. I cried because there was nothing I could do to save him, nothing I could do to bring him back – nothing to make his wife, to be, not take his life. I cried because no parent should ever have to live through this.
Tyler was my first of two sons. I never wanted a daughter – it was always going to be me and my boys. I had small, girl expectations of what I wanted in a daughter. My first wish was for Tyler to have a sister and my second wish was that I could have a little girl who would fall in love with horses and who would become the center of my world – my fourth child – the one who would complete our family.
Tyler died on August 10, 2010. He was two days shy of starting his life with a new family – a life he has worked for and always wanted. He and Megan were to be married two days later. Tyler was so excited the day he left us. He thought he was finally getting the thing he always wanted – for Megan to be happy. He often said that he just knew he would be the happiest man on earth the day he married her.
Tyler loved Megan and when he said he was going to marry her, he meant it. He thought she was beautiful and no one could talk him out of loving her. He had wanted a sister his whole life and when he met Megan, he said it was like being with his sister. They were God’s perfect match. He was the happiest I had ever seen him. There was only one thing wrong with the situation – the wedding.
Megan killed Tyler. She shot him in the chest with a .38 caliber handgun and took his life on the very day he was to receive a life he worked for and always wanted. No one will ever truly know why she did this, but my son asked her to stop. He stood in front of her, turned away from her – he still had his back to her when she shot him. He begged her not to kill him. He pleaded and begged for his life – to just let him go. He begged and pleaded for his life because he thought he was having a heated discussion with her. No one will ever know what happened in those final moments. No one will ever know if he knew she had really lost it – that she was really going to kill him. How could he, the one person who knew Megan better than anyone, ever think she could do that to him – to his family – to her family – to their friends. No – he was asking her to stop – to think about what she was doing. He was believing – somehow – that he could stop her – that she would listen to him – to reason with her – to plead with her. His attempt to save his own life, his attempt to save her life was only half successful. He saved her life – as an otherwise free woman – but his life was over. He did not know it would be over for her as well.
What kind of a parent has a child that is murdered by the person the child loves – who professes to love him and want to be with him forever? What kind of a parent has a child that is murdered by this person and then forced into thinking that they know why. What kind of a parent has a child that is murdered and has to relive that day – knowing that no matter how hard they try – they cannot stop this from happening to their child. What kind of a parent has a child that is murdered and is forced to listen to the murderer speak on their child’s behalf – to listen to the murderer blame everyone else for their actions – to listen to the murderer plead for sympathy for herself – as if she were the victim – as if she were the one who had lost something when it was my son who had lost everything. What kind of a parent has a child who was murdered and has to sit through three weeks of testimony only to be told that my son died because he should have known better than to marry Megan – that he should have known better than to trust her – that he should have known better than to let his guard down. This is not about other issues – those issues are not for me to judge – no one is above the murder of a child – there were no winners here.
Mistakes to Avoid When Writing Yours
Writing an effective victim impact statement that is admissible at trial can be a challenge. Individuals writing the statement may find it helpful to have information and direction as they navigate this process. One area where most people struggle is knowing the mistakes to avoid on their victim impact statement.
The most commonly avoided mistake is giving too much information. A victim impact statement that is too long can cause information overload. If the information is convoluted, the judge or jury will not retain the key points. The statement should be concise and relevant. When writing the statement, gather your thoughts and write a draft to capture all of the relevant information. You may also want to hand off the completed draft to a friend or family member to help proofread the document for content, typos, and errors. After this, the individual writing the statement should focus on the most pivotal points and create a short , detailed version of the victim impact statement.
Another common mistake is to include facts that are not admissible in court. Many people are not aware that an impact statement is not the same thing as a trial testimony. The impact statement does not provide witness accounts of what actually happened during a crime. It is one individual’s reflection of how the crime has affected him or her.
A third mistake is focusing on the negative aspects of the crime. Although it may be difficult to not focus on the pain or loss that has resulted, it is important to remember that the impact statement is meant to help aid the judge or jury decide the appropriate outcome for the case. Giving too much attention to the effects of the crime can detract from this objective.
Other common mistakes include submitting the victim impact statement late, failing to include pertinent facts, and being redundant. By avoiding these common mistakes, victims are creating the most effective statement for the trial.
Impact on Sentencing: How and When Judges Rely on Statements
In cases that involve serious offenses, or violent crimes, the victim impact statement can be a crucial component of the sentencing process. Although this type of statement cannot be used to influence an acquittal or a conviction, they can be used to help judges determine just punishment in cases where there may be some ambiguity as to whether the suspect should receive jail time, probation or another type of lesser punishment. In order to make a decision regarding punishment after a guilty plea or conviction, the judge will consider all of the evidence presented in the case, including pre-sentence investigations, any additional information provided by the lawyers and the victim impact statement. In most cases, these statements will not affect whether a person is convicted or acquitted, but they can have a big impact in terms of how judges issue their sentences. In many cases, judges place heavy stock in these statements when determining punishment, as they offer a more personal look into the effects of the crime on the lives of the victims and their families. That’s not to say the written statements are the only things that matter—particularly in major criminal cases, judges might find it worthwhile to actually meet with victims so they can get an in-person sense of the impact a crime may have had on their lives. Judges have the ability to regulate how victim impact statements are presented. They may limit the duration of these statements or the length of the written documents, they may allow for audio or visual aids to be used, and they have the ability to prevent cross-examination of the statement’s author.
Resources for Help and Assistance
Support and Guidance Resources – Victims’ Rights: Crafting a Powerful Victim Impact Statement
For victims and survivors who want additional support and guidance in crafting a powerful victim impact statement, there are resources available to provide assistance. Legal aid services can offer free or reduced-cost legal advice and referrals, including for victims without criminal representation and for those whose criminal matters are being handled by the same government offices as their immigration matters. There are also a number of national organizations that provide legal information in victims’ native languages, such as the National Immigrant Women’s Advocacy Project, which offers legal information in 11 languages (and a language resource consultant guide in 22 languages). There are also national organizations that provide counseling services and emotional support.
Additionally, the National Center for Victims of Crime has a network of local community service programs – through its Victim Services Directory – in all 50 states, DC, and Puerto Rico. The website provides state-by-state information about the services each program offers, and many local community service programs can provide victims with assistance in completing victim impact statements.
There are a number of private organizations that assist immigrant victims. For example, the Asian American Justice & Immigration Relief Project provides information about both immigration and crime issues, with a particular focus on helping Asian immigrant survivors of domestic violence , sexual assault, and human trafficking. The Transgender Legal Defense and Education Fund advises transgender persons on their rights, and their programs include free legal support. The Black Immigrant Network is a non-profit organization that advocates for black immigrants by providing a wide range of information and resources, including in cases of victimization, human trafficking, and coercive behavior by employers. The National Advocates for Pregnant Women is a national network of organizations dedicated to protecting the rights of pregnant persons, including victims of violence, and their children (including fetuses). The National Center for Victims of Crime offers links to numerous national victim service organizations for specific victimization needs. Finally, most state offices of victims’ services, counselors, and attorneys can provide guidance on victim assistance referrals, such as the State Victim Assistance and Law Enforcement (VALE) Boards, which comprise criminal justice professionals, victim service providers, and community members.
Victims can learn more about community service programs in their area, or other support services that might be available to them, by calling the National Center for Victims of Crime Helpline toll-free, which allows victims to locate assistance services nearest to them by searching by zip code. The helpline staff will also help identify law enforcement agencies, prosecutor offices, mental health providers, or other victim services programs, including counseling services.
+ There are no comments
Add yours