NCJ Number
108493
Date Published
1987
Length
0 pages
Annotation
Presenters discuss issues regarding victim impact statements at sentencing hearings.
Abstract
Norman Early, Jr., district attorney in Denver, Colo., notes that fewer than 30 percent of prosecutors have a structured system for serving victims and eliciting their participation in case processing and sentencing. Prosecutors should incorporate victim concerns within their functions without sacrificing the maintenance of defendant rights. Early identifies judicial attitudes that discourage the use of victim impact statements, such as the view that it is inflammatory and time-consuming. Victim input at sentencing, however, should be no less important than the defense attorney's pleas on the defendant's behalf. Robin Smietanka, the co-founder of Assault Recovery Associates in Benton Harbor, Mich., argues for the importance of the victim impact statement as a means of relieving the victim's sense of helplessness and rage. It may also influence the future behavior of defendants, as they become aware of the injurious consequences of their behavior. Jeanne Matusinka, judge of the Superior Court of Los Angeles, reviews California law mandating the notification of crime victims of their right to provide input at various case decisionmaking points that influence case disposition. She describes the various methods by which victims may make their feelings and concerns known, such as in presentence reports, letters directly to the court, personal appearances at hearing, and through therapists' reports. Audience questions are included.