Information About Victim Impact Statements

Understanding the Sentencing Process

In most cases, the trial process is a ‘bifurcated’ process, meaning that the final sentencing is set as a separate event from the trial. If a defendant is found guilty by a judge (or a jury), a later court date is set for the formal sentencing to occur.

In preparation for the sentencing hearing, information is collected about the defendant and the crime that may be presented for consideration by the judge before he or she makes a decision determining the sentence.

In many cases, it is the role of a Probation and Parole Officer to gather important information about the defendant and condense it into a report that can be reviewed by the prosecution, defense and judge prior to the sentencing hearing.

This report is often called a Pre-Sentence Report. It is used to assist the judge in sentencing. This report focuses on the crime, the defendant’s background, and any criminal history. In some cases, the probation officer may reach out to victims to seek information about the crime or the impact the crime had on their lives.

The information requested will assist the judge in evaluating/understanding the effects of the crime(s). As part of the presentence report, that information may also be considered by institutional treatment personnel, should the defendant be sentenced to incarceration or post-conviction treatment.

The Importance of the Victim Impact Statement
In our court system, the impact a crime has/had on the victim(s) is an important element of understanding the crime and is information presented to the judge before he or she pronounces the final sentence upon the defendant. Victims in the federal justice system, and most state courts, allow victims to make a statement about the impact of the crime upon them, called a Victim Impact Statement.

In most cases, Victim Impact Statements are written, giving the victim or others affected by crime(s) the opportunity to express, in writing, the impact of the crime(s) they experienced. Because there are many kinds of ways that individuals can be harmed by crime, Victim Impact Statements allow victims to talk about the various ways that they and/or their families experienced direct and indirect effects of victimization - This may include any economic losses, the extent of any physical or psychological injuries, and any major life changes as a result of the crime(s).

In some courts, it is the Victim Impact Statement that provides information useful in determining court-ordered restitution, should that be allowable in the crimes for which the defendant was convicted. In other courts, a separate form may be used, or a separate hearing set, to determine if restitution is due the victim(s).

The prosecutor or a Victim-Witness Professional should explain restitution and the restitution process to you, if you are eligible, how to document your losses, and request restitution. It is important to note that, although every effort will be made to collect any financial restitution ordered by the court, there are no guarantees of full payment.

There may be different ways to take action if restitution payments are not made by the defendant, however. If the restitution process is not explained to you, including what to do if ordered payments are not received when expected, ask the prosecutor or a Victim-Witness Professional connected with that court case.

How Victim Impact Statements are Presented
Victim Impact Statements can be given orally, in court as a part of the sentencing hearing, or entered into the court record as a written document. Usually, it is the prosecutor/prosecutor’s office that makes the decision concerning if spoken or written Victim Impact Statements, or both, are presented to the judge.

Even victims who may not have been called to testify in court at the trial may be eligible to present a Victim Impact Statement – decisions about who can make a Victim Impact Statement are also usually made by the attorney for the state (prosecutor) in criminal cases.

Whether a Victim Impact Statement is written and filed with the court, or delivered by the victim in the courtroom on the day of the sentencing, it is important to note that Victim Impact Statements may be seen by the defendant. While nothing external should influence what you write in your Victim Impact Statement, remember that statements may be reviewed by the defendant or read in open court in part or in total by the judge at the sentencing hearing.

The most important fact to remember is that a Victim Impact Statement is a personal statement for each victim. There is no right or wrong way to write it. The goal is to help the judge understand what life has been like, how life has changed, as a result of the crime(s). Victims can make general statements about what they would like to see as the outcome of the hearing, but it is important not to make threats or make demands of the court requesting specific sentences.

Other Facts About Victim Impact Statements
Because a copy of the Victim Impact Statement must be provided to the prosecutor and the defense attorney in advance of the sentencing hearing, it is important to return a written Victim Impact Statement or Victim Impact Statement Form by the due date. Meeting this deadline is the only way to ensure that the court will be able to read your story.

If no due date is listed or given, it is ok to reach out to your Victim-Witness personnel or prosecutor’s office to ask when you need to return your Victim Impact Statement. The Importance of Support In many cases, a sentencing hearing may come months, or even years, after a crime occurs.

In that time, some individuals may have found that the effects of the crime have lessened and are no longer as central to their lives. For others, the impact crime may have created a painful legacy that has not decreased or may have morphed or developed into new scars.

For most people, some healing or coping has occurred, and life has moved forward. Regardless of how the crime has impacted you, it may be painful or stressful, whether in a lesser or greater degree, to remember the time immediately following the crime, and to think about how your life was before the crime occurred. You may feel sadness, or anger, or a resurgence of fear, anxiety or isolation.

Some people feel a sense of loss. Just as it is important to share with the court insight about the impact the crime had on your life and your family, it is important to recognize that recalling your thoughts, emotions, and actions in response to the crime can cause those same thoughts, feelings and behaviors to resurface.

It can sometimes be difficult to discuss these emotions with those closest to you because you may fear upsetting them or causing them additional trauma, especially if they were also impacted by the crime.

Many individuals find it helpful to connect with a counselor, support group, medical provider, clergy member, victim service provider, or other trusted person to help provide feedback, validation, and support while deciding what to include in your Victim Impact Statement and writing it or preparing to present it to the court.