
Victim Impact Statements
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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.
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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.
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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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