CJI

Victim Impact Statements


    Victims of crime and their families have the right to participate and to be heard in the criminal justice system through the use of Victim Impact Statements. A Victim Impact Statement provides the victim with an opportunity to address the court prior to sentencing.

    This opportunity also allows victims to personalize the crime and express the impact it has had on them and their families. This process may also aid victims in their emotional recovery.



Questions about how to prepare a victim impact statement or about the time and place of sentencing should be addressed to the prosecutor or advocate.


    A Victim Impact Statement can be written or oral. It grants the victim not only an opportunity to provide information for the judge to consider at sentencing, but allows the victim to articulate the pain, anguish, and financial devastation the crime has caused.

    Judges and other criminal justice system personnel have little opportunity to communicate how the crime affected the victim or secondary victims. A Victim Impact Statement provides the court with essential data which leads to appropriate sentences and suitable restitution.




Minnesota Victims' Rights legislation requires corrections personnel to provide specific services to crime victims including:


  • notification of time and place of sentencing;
  • victims' right to be present at sentencing; and
  • opportunity for victims to provide a personal statement to be used to determine an appropriate sentence.


We have more information on Minnesota Victims' Rights here.



WHAT A VICTIM IMPACT STATEMENT SHOULD INCLUDE

  • A *brief* summary of the harm or trauma suffered by the victim as a result of the crime. An effective statement is approximately 3-5 minutes in length.
  • A summary of the economic loss or damage suffered by the victim as a result of the crime. Include requests for restitution for out-of-pocket expenses.
  • The victim's reactions or objections to the proposed sentence. Jail, prison, work release, and community service can be addressed.
  • A concise statement of what outcome the victim would like and the reasons to support this opinion, including support for or opposition to treatment or community service programs.
  • Highlights about the victim. Their past accomplishments, hopes for the future, and what the crime has done to curtail these activities.
  • The overall effect the critical incident has had on the victim and family.


Do not repeat facts already presented.





HOW IS THE STATEMENT PRESENTED?


    According to statute, the victim decides how the statement should be presented at the Sentencing or Disposition Hearing. They may choose to:

  • Present the statement in written form, or
  • Present the statement orally to the court, or
  • Request the prosecuting attorney or victim advocate to orally present the statement.


The Victim Impact Statement may be the victim's only opportunity
to tell the judge about the crime.





CONSIDER THE FOLLOWING FACTS WHEN WRITING OR SPEAKING TO THE COURT:
  • The physical injuries incurred -- temporary or permanent;
  • The medical or dental treatment required and any potential surgery, on-going therapy, etc.;
  • Emotional/psychological injuries suffered and prognosis for future treatment;
  • Loss of ability to work and lost wages;
  • Change in lifestyle -- ability to work, play, drive, forced relocation;
  • Impact on other members of the family;
  • Persisting pain and emotional trauma -- anxiety, nightmares, desperation;
  • Your feelings about people who commit crime;
  • Effect of sudden death to remaining family members -- spouse, children, parents, siblings -- loss of hopes, dreams, companionship, financial security; and
  • The victim's accomplishments, awards, and activities -- photographs or family portraits may be helpful.



This information is from the Minnesota Center for Crime Victim Services publication, "Victim Impact Statement", and is used with their permission.

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