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
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Second, are these narratives regulated or controlled by the court”. Throughout their study, they interviewed actual victim statements given from primary and secondary victims. Main points found in most statements include the experience of grief, memorializing of the victim, defending the reputation of the victim, anger towards the defendant, questions left unanswered, justifications for the punishment, and their journey to justice. While interviewing the victim advocates, they found they instructed the statements to exclude threatening language or any angry remarks. The judge of the case is given the authority to cease any VIS given if they deem unnecessary or revenge filled. One judge stated “I find that probably 50% of victim impact statement turn into ‘burn in hell, rot in hell’ which wasn’t the intent of the legislation” (Englebrecht, Chavez, Jorge, 2014). The legislation can monitor and regulate the statements before trial, however once on the stand, the narrator can alter their statement however they see …show more content…
When presented with a witness who is emotionally distraught, jurors might become emotional themselves, and this might result in harsher penalties (Myers, Lynn, Arbuthnot, 2002).
Depressive drift, emotional contagion, and empathy have been found as jurors approach to the effects of VIS. Empathy given to the victim occurs once a VIS is submitted to the courts. Two hundred prospective jurors were examined in Florida concerning their susceptibility to VIS. The study found 4.29% of cases with VIS had significantly increased empathy for the victim along with increased compassion with 3.98%, similarities with the victim with 11.66%, and feel the suffering of the victim with 6.36% (Butler, 2006). Additionally, longer sentencing lengths were suggested from jury members in cases that contained a VIS. Wevodau, Cramer, Clark III, and Kehn researched the influence of VISs on sentencing and blame in 2014 which found results of additional years of sentencing from “VIS exposure results in more punitive sentencing outcomes”. VIS impose a more emotional response to the case rather the rational response to seek
Second, are these narratives regulated or controlled by the court”. Throughout their study, they interviewed actual victim statements given from primary and secondary victims. Main points found in most statements include the experience of grief, memorializing of the victim, defending the reputation of the victim, anger towards the defendant, questions left unanswered, justifications for the punishment, and their journey to justice. While interviewing the victim advocates, they found they instructed the statements to exclude threatening language or any angry remarks. The judge of the case is given the authority to cease any VIS given if they deem unnecessary or revenge filled. One judge stated “I find that probably 50% of victim impact statement turn into ‘burn in hell, rot in hell’ which wasn’t the intent of the legislation” (Englebrecht, Chavez, Jorge, 2014). The legislation can monitor and regulate the statements before trial, however once on the stand, the narrator can alter their statement however they see …show more content…
When presented with a witness who is emotionally distraught, jurors might become emotional themselves, and this might result in harsher penalties (Myers, Lynn, Arbuthnot, 2002).
Depressive drift, emotional contagion, and empathy have been found as jurors approach to the effects of VIS. Empathy given to the victim occurs once a VIS is submitted to the courts. Two hundred prospective jurors were examined in Florida concerning their susceptibility to VIS. The study found 4.29% of cases with VIS had significantly increased empathy for the victim along with increased compassion with 3.98%, similarities with the victim with 11.66%, and feel the suffering of the victim with 6.36% (Butler, 2006). Additionally, longer sentencing lengths were suggested from jury members in cases that contained a VIS. Wevodau, Cramer, Clark III, and Kehn researched the influence of VISs on sentencing and blame in 2014 which found results of additional years of sentencing from “VIS exposure results in more punitive sentencing outcomes”. VIS impose a more emotional response to the case rather the rational response to seek