NCJ Number
155426
Journal
Criminology Australia Volume: 6 Issue: 3 Dated: (February 1995) Pages: 3-8
Date Published
1995
Length
6 pages
Annotation
Victim impact statements (VIS) were evaluated in South Australia, the first State in Australia to introduce these studies into criminal proceedings.
Abstract
The analysis focused on the validity of some of the arguments about VIS: the effects of the VIS practice on the criminal justice process, on sentencing outcomes, and on victim satisfaction with justice. It also evaluated the implementation of this newly acquired right in South Australia. Data came from interviews with 42 judges, prosecutors, defense attorneys, and police; a survey of 427 victims; and court records and sentencing statistics. Results suggested that concerns about negative effects of VIS on the criminal justice process or sentencing were not justified. Victims had positive attitudes about providing VIS, although less than half believed that their input had an impact on the sentence. The data also revealed a very uneven implementation of the VIS requirement. Although the findings dispelled several arguments raised against the VIS, they also questioned some of its presumed benefits and revealed problems in current practice of VIS. Results also indicated that legislation often does not achieve basic change. The current use of the VIS may provide an acceptable compromise between opposing views by preserving the tradition of excluding victims from the system while giving them the semblance of participation in it. 25 references