Victim impact statements have long been a controversial issue among the justice system resulting in numerous debates and studies to obtain a conclusion regarding trial results. A victim impact statement (VIS) occurs during the sentencing phase of a trial which allows the victim or secondary victims to express the financial, physical, and psychological impact subsequently the crime. When victim impact statements are presented in court, regarding the content as irrelevant, longer sentences are deviated out as well as decrease victim blame from jurors (Wevodau, Cramer, Clark III, Kehn, 2014). Victim impact statements pose as an emotion release for victims, primary or secondary, however, with the release of the victim’s emotions those of the…
essay will explore reasons as to why the participation of victims may cause hostility and emotional strain in a present day court proceeding. Victims have little to no say in the misdemeanours and unlawful acts that have been conflicted on them and/or their family members if the victim has passed due to the offence. Some of the grounds that have been observed in the present day criminal justice system are the emotional tones and word used in the Victim Impact Statement. (VIS). Also being…
Arresting Officer’s Statement: According to Portsmouth Detective D. Misiewicz, the following events occurred at 1212 Carrington Crescent in the city of Portsmouth, “On December 21, 2015 at approximately 10:42 hours, a concerned citizen called to say that her neighbor had just left and she just observed two black males go into the back yard of 1212 Carrington Crescent. The call was dispatched as a burglary in progress at that time and dispatch gave notes as they came in. The caller stayed on…
Rape is a crime that is done against women, men, and children; nevertheless, the largest portion of victims is women. Rape is a criminal sexual conduct or penetration without the other person’s consent, achieved with the use of physical force or threat, and when the victim is unconscious, mentally and/or physically impaired (Pandora's Project, 2009). July 1990, Anne Heck was raped while she was biking; 14 years later, the National DNA database identified the man who raped her and she was asked…
When analyzing the victim impact statement, it is noted that various forms of stance can as well be detected. The most prominent variations of stance used are denial, vulnerability, powerless, realization, encouragement and acceptance. In the beginning of Appendix 2, the victim starts off with a stance of denial. The moment she woke up in the hospital was when she realized her underwear was missing and confusion struck her. This form of confusion was disguised in a stance of denial, such as…
The use of victim impact statements as aggravating evidence during the penalty phase of a capital murder trial is in direct conflict with the Eighth Amendment and the Court’s prior precedent. The introduction of this testimony from family members, who are generally not witnesses to the crime, endangers the petitioner’s right to fairly imposed sentencing hearing by risking arbitrary and capricious actions from the jury. In the present case, victim impact statements provide three types of…
Victim Impact Statement Every time I take the max and especially the green line, I look at the operator and think was he the one who was driving the max that night. Even though I don’t remember his face, I still live in that moment. I remember that night, when I could not believe how my mother was treated in front of me. Someone who has not spent so much time in the United States and does not speaks English. I tried my best and talked to the trimet operator through the intercom and it sounded…
Victim impact statements (VIS) are written statements submitted to the court by the victims that give them the once chance to tell their side of the story. One advantage VIS have is they allow victims to freely tell the court whatever they want in regards to how the crime as affected them mentally, socially and financially. This process is satisfying to the victims, whether their statements affected their offender’s sentencing decision or not. With the option of presenting a VIS, the opportunity…
Media reflection Do the media have a reflection on cases such as victim impact statements? Yes, the media with its new techniques can display an interference with the case to pursue an individual’s decision making by potential limitations. Having the media involved in my opinion can influence pursue the use or not to use the death penalty in some cases. As we all know the media can portray conflict with the over powered conflict of power in their statement’s that revolve around criminal suits…
ignored; the battle between the offender and the Crown often makes the victim, a mere spectator. Meanwhile, the Canadian Criminal Justice System is continuing to do its best in addressing the dissatisfaction victims feel towards the authorities. Study of literature shows that although victim rights have come a long way and are continuing to develop further, they are not successful in addressing the concerns of the victim. The article, “Crime…