What not to say in a victim impact statement?
Asked by: Margarete Hagenes II | Last update: August 19, 2025Score: 4.9/5 (31 votes)
Alternatively, you can tell the Court how your anger has affected your emotional well-being. o Do not use any profanity and/or insulting language in your Victim Impact Statement. It is important to stay on point and focused on how this crime has affected and harmed you. Court.
What can you say in a victim impact statement?
A victim's impact statement letter should include: A *brief* summary of the harm or trauma suffered by the victim or family as a result of the crime. A summary of the economic loss or damage suffered by the victim as a result of the crime.
What are the rules for victim impact statements?
Recommendations • Your Victim Impact Statement should be truthful and speak from your heart. The statement can be an all-encompassing document which addresses how the defendant's actions and the trauma that followed affected your physical, emotional, financial, and spiritual well-being.
Do judges care about victim impact statements?
The victim impact statement assists the judge when he or she decides what sentence the defendant should receive. Although the judge will decide the defendant's sentence based primarily on the pre-sentence report and certain sentencing guidelines, the judge should consider your opinion before making a decision.
What is a powerful victim impact statement?
I had to miss six weeks of work, using all of my sick and vacation leave. Prior to this incident, I had rarely missed a day at work. People should not be able to commit crimes like this and get away with it. The emotional and financial impact will be felt for years to come.
Toolkit Tutorial: Victim Impact Statements
What should not be included in a victim impact statement?
Alternatively, you can tell the Court how your anger has affected your emotional well-being. o Do not use any profanity and/or insulting language in your Victim Impact Statement. It is important to stay on point and focused on how this crime has affected and harmed you.
What is an example of a real victim impact statement?
I do remember being very frightened that X would hurt my family or friends. He constantly threatened to hurt them if I didn't do as I am told. It has now made me feel disconnected from people. Sometimes I didn't want to speak to him after an incident, I couldn't see my friends and wasn't allowed to go places on my own.
What are the disadvantages of victim impact statements?
Because the effect of impact statements depends on advantages or disadvantages enjoyed by their advocates, they are procedurally unjust. Victim impact statements can also give an unfair benefit to some defendants because the victim or their family may be more prone to forgive than other victims.
What factors does a judge consider when determining sentencing?
- the convicted offender's previous criminal convictions, if any.
- the convicted offender's remorse or lack of remorse.
- the amount and type of harm suffered by the victim or victims.
- whether the crime involved any alcohol, drugs, firearms, or minors.
What is an example of a personal impact statement?
As an example, my own personal impact statement is: I am the trail guide who inspires others to be their most joyful, bold and authentic selves, and in turn inspire others. Practice saying your personal impact statement out loud, 10 times each day. Stand up and say it to the room.
Can a victim impact statement be challenged?
I can also challenge the admissibility of the impact statement if it contains irrelevant or inflammatory information. I may also argue that the impact statement is overly prejudicial and should not be given undue weight in the sentencing decision.
How many pages is a victim impact statement?
A victim impact statement can take the form of a letter. They may be typed or handwritten, but usually no longer than 2 pages in length. At the sentencing or dispositional hearing, the judge will ask the prosecutor whether the victim(s) wish to present a victim impact statement before sentencing the defendant.
Can you swear in victim impact statement?
This may be your only opportunity to tell the judge how the crime has affected you and your family. A Victim Impact Statement is typically not a formal sworn statement, like an affidavit, but 100-percent candor is always the rule in any courtroom.
How do you write a strong impact statement?
- Describe the issue or problem statement (relevance) in simple terms appropriate for your principal audience. ...
- Provide an action statement (response). ...
- Describe the impact (results). ...
- Who was responsible? ...
- Your name and contact information.
Do victim impact statements affect sentencing?
Most sentences for crimes have time ranges and conditions, and the victim impact statement can affect whether the offender receives the permissible minimums or maximums within that range.
Can you object to a victim impact statement?
In most states, the defendant, through his or her attorney, can question or object to statements not believed to be factual. In a few states, the defense attorney can cross-examine the victim about what has been said in the statement. Ask your victim assistance provider if this is allowed in your state.
What factors cause a judge to give out a harsher sentence?
For example, if the offense resulted in a large monetary loss or involved a large number of victims, the Guidelines will recommend a more severe sentence. The same is true if the defendant abused a position of trust or was a leader of the criminal activity.
What to tell a judge before sentencing?
Don't be afraid to acknowledge the conviction. However, do not discuss the details of the offense, defend the act, or make statements of disbelief of guilt. Give your impression of the positive personality attributes of the defendant. If you have a story of behavior that highlights an attribute, include it.
What is the next most important factor in determining an defendant's sentence?
The most serious offense is used as a starting point. The other counts determine whether and how much to increase the offense level. The final step in determining an offender's offense level involves the offender's acceptance of responsibility.
What is usually contained in a victim impact statement?
The statement should be written out and either read by the victim or the Victim/Witness Coordinator. It should include how this crime has affected your life and what changes you have had to make. It should also include what you feel is an appropriate punishment for the defendant.
What is one critique of victim impact statements?
Victim impact statements (VISs) are controversial in capital sentencing proceedings largely due to their questionable relevance to sentencing, the concern that characterizations of the victim may lead to arbitrary sentencing judgments, and the belief that the emotional nature of this evidence may be inflammatory.
Are victim impact statements admissible in court?
If you submit a letter, this will become part of the court file, the prosecutor's file and the defense file. Victim Impact Statements can also be included in the offender's Department of Corrections and Rehabilitation file.
How do you start a Victim Impact Statement example?
Example: Every morning when I wake up, I have to remind myself that my attacker won't be able to hurt me today. If I don't tell myself that I simply can't get out of bed. Since I was assaulted I have lost the full function of my right leg.
Are victim impact statements public record?
Your VIS is part of the public record. This means that the defendant or any other person may see your VIS. If this is a concern for you, be sure not to include any identifying information in your VIS. Leave that on the cover sheet which will not be included in the public record.
Is a Victim Impact Statement testimony?
In 1991, the Supreme Court of the United States held that a victim impact statement in the form of testimony was allowed during the sentencing phase of a trial in Payne v.