NCJ Number
133184
Journal
American Criminal Law Review Volume: 28 Issue: 2 Dated: (1991) Pages: 223-266
Date Published
1991
Length
34 pages
Annotation
There should be a better balance between victim involvement in sentencing and a fair criminal justice system.
Abstract
Almost all states have statutory provisions allowing for victim participation at sentencing. A sampling of statutes reveals that the crime victim plays what appears to be a significant role in influencing the defendant's sentence. Various studies suggest uneven patterns of victim participation in sentencing and disposition phases of criminal cases. In one sense, victim participation statutes have been muted through lack of full utilization. In another sense, however, victim participation practices have exceeded what appears to be statutorily authorized. The victim impact statement is an appropriate conduit through which certain data should flow to court officials. The contents, however, should be restricted to factual descriptions of harm suffered by the victim so that a reasonably accurate measure of the defendant's culpability is obtained. Victim participation statutes calling for the victim's opinion or recommendations as to case disposition are ill-conceived measures triggering far more harmful consequences than their meager benefits. They should not be enacted. Where legislatures have already approved such measures, they should be rescinded. 168 footnotes