NCJ Number
133318
Journal
American Criminal Law Review Volume: 27 Issue: 2 Dated: (1989) Pages: 391-430
Date Published
1989
Length
40 pages
Annotation
This article explores the limitations on victim input in the sentencing process, particularly in the context of determinate sentencing; specifically, the victim impact statement (VIS), prohibited in certain circumstances by Booth v. Maryland (1987), will be scrutinized.
Abstract
After reviewing the nature of the VIS, using the Federal Victim and Witness Protection Act of 1982 as an example, the article questions reforms advocated by victims' rights groups and outlines the elements of a VIS. A short survey of State VIS statutes is included. The status of the VIS in the context of the movement toward determinate sentencing is examined using the Federal Sentencing Guidelines of 1987. An assessment of the current legal status of VIS's includes an analysis of their use under the parameters set by "Booth." The article proposes a two-pronged rule for VIS's. First, the VIS, which aims at influencing sentencing by documenting the crime's impact on the victim, must only include victim-impact evidence directly relevant to a particular sentencing factor. If the defendant had criminal intent to cause the documented victim impact and his conduct caused the effect (with the latter element defined in terms of foreseeability), the necessary connection between the victim impact and an appropriately enhanced sentence would be satisfied. Second, evidence in the VIS must not be overly prejudicial to the defendant. This means relevant evidence must be presented in a straightforward, factual manner without exaggeration. Cumulative evidence should not be allowed. 212 footnotes