Summary
Highlights
A Victim Impact Statement is a statement given by a crime victim during criminal sentencing to explain the impact of the crime. Judges can use it to determine an appropriate sentence, and it can also convey the pain and suffering to the defendant. A prominent example is the Dr. Larry Nassar case, where over 100 women gave statements, providing closure and a platform to address the defendant and the world.
Over the past few decades, there's been growing interest in protecting victims' rights in the criminal justice process. In 1982, President Reagan's task force recommended that crime victims have the opportunity to provide a VIS during sentencing. Today, all 50 states and the federal system allow VIS, protected by statute or court rule, ensuring victims' voices are heard. While victims don't veto sentences, they do get a voice in explaining the crime's circumstances and what judges should consider.
A VIS doesn't always lead to harsher penalties; sometimes victims prefer shorter sentences to allow for restitution. For example, a victim might prefer a defendant to be sentenced to work release to pay restitution rather than a lengthy prison term. The VIS helps the judge fully understand the crime's dimensions and the repercussions of both the crime and the potential sentence, aiding in crafting an appropriate sentence.
Prosecutors recommend sentences, and defense attorneys and defendants allocute for mercy. Critics argue victim impact statements are too emotional, but defendants also make emotional pleas without diminishing objectivity. The U.S. Supreme Court in Payne v. Tennessee (1991) upheld Victim Impact Statements, stating they are not cruel and unusual punishment and are part of the sentencing process, similar to a defendant's statement.
Some argue VIS can lead to unfair prejudice or encourage comparisons between victims, where eloquent or connected victims might secure harsher sentences. However, defendants also vary in their ability to articulate their case, and no one suggests this should preclude them from addressing the judge. All 50 states uphold the right to give a VIS not for comparison, but to provide the judge with complete information for sentencing decisions.