Victim Impact Statement

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In the legal systems of various Anglo-Saxon countries, a Victim Impact Statement or Victim Personal Statement is a statement in which the victim of a crime presents the consequences of the offense for his or her own life as part of legal proceedings . The declaration can be addressed to both the court and the offender and must be taken into account by the court when determining the punishment . The aim of Victim Impact Statements is, in particular, the direct participation of victims in the criminal process.

Historical development

Victim Impact Statements emerged in the USA in the mid-1970s and became increasingly popular there from the early 1980s. Since its constitutionality was established by the Payne v. Tennessee of the United States Supreme Court in 1991, they became part of the legal systems of all American states in various forms. They are also possible in other countries such as New Zealand and in all states and territories of Australia , in Canada , in Great Britain and, since the early 1990s, also in Ireland .

Legal meaning

The delivery of a victim impact statements by the person concerned takes place before the delivery of the judgment , or in processes with separate fault detection and imposition before the announcement of sentence. In addition, such declarations are sometimes used in hearings on early release or parole. In the respective countries, the possibility of a Victim Impact Statement exists especially in the case of serious criminal offenses, in particular violent crimes such as murder , rape and bodily harm. For offenses with death that such a declaration is the responsibility of the next of kin of the victim.

A Victim Impact Statement can be addressed to the court , in particular to the judges or jury involved , and also to the perpetrator , and can be given by the victim personally in the courtroom or in the form of a video or audio recording. As part of his declaration, the victim is given the opportunity to present the effects of the act on his physical and mental well-being , on his social relationships , on his socio-economic situation and on other aspects of his own life. In some US states, the victim is also allowed to comment directly on what they consider to be fair sentences. The judges or jury are usually required to take these declarations into account when determining the sentence.

In German criminal law, there is a regulation comparable to Victim Impact Statements in Section 69 (2) sentence 2 of the sixth section of the Code of Criminal Procedure , which contains provisions on witnesses .

Effects

The introduction of Victim Impact Statements is considered to be one of the most important successes of victim protection organizations and initiatives in the countries concerned. The aim was in particular to enable the victims of criminal offenses to participate directly in the criminal process and to increase their satisfaction with the legal system. Victim Impact Statements were, however, controversial from the start, as it was and is particularly feared that they would lead to unreasonably high penalties. However, such a trend could not be proven by studies. In addition, critics claim that Victim Impact Statements would unduly influence the sentencing through emotional aspects.

Research into the effects of Victim Impact Statements has produced conflicting results. In the early 1990s, for example, a study in Ohio found that Victim Impact Statements increased the likelihood of being sentenced to imprisonment , but a study in New York City did not show such an effect. While a study from 2008 found that crime victims who made a Victim Impact Statement felt this was a positive experience, other studies found indications that contrary to expectations when they were introduced, Victim Impact Statements did not lead to higher victim satisfaction lead with the legal system.

Individual evidence

  1. ↑ a b c Victim Impact Statements. In: Ann Wolbert Burgess, Albert R. Roberts, Cheryl Regehr: Victimology: Theories and Applications. Jones & Bartlett Learning, Sudbury 2009, ISBN 0-76-377210-0 , pp. 73/74
  2. ↑ a b c d e f Victim-Impact Statements. In: Steven E. Barkan, George J. Bryjak: Fundamentals of Criminal Justice: A Sociological View. Jones & Bartlett Learning, Sudbury 2010, ISBN 0-76-375424-2 , p. 416
  3. ↑ a b c d e Victim Impact Statements. In: Bonnie S. Fisher, Steven P. Lab: Encyclopedia of Victimology and Crime Prevention. Second volume. SAGE, Los Angeles and London 2010, ISBN 1-41-296047-9 , pp. 974-977
  4. ↑ a b Richard Edney, Mirko Bagaric: Australian Sentencing: Principles and Practice. Cambridge University Press, Cambridge and New York 2007, ISBN 0-52-168929-5 , pp. 131-133
  5. ↑ a b The Victim Impact Statement. In: Paul O'Mahony: Criminal Justice in Ireland. Institute of Public Administration, Dublin 2002, ISBN 1-90-244871-5 , pp. 399/400
  6. ↑ a b Victim Impact Evidence. In: Larry K. Gaines, Roger LeRoy Miller: Criminal Justice in Action. Cengage Learning, Belmont 2006, ISBN 0-49-518686-4 , p. 367

literature

  • Victim Impact Statements. In: Bonnie S. Fisher, Steven P. Lab: Encyclopedia of Victimology and Crime Prevention. Second volume. SAGE, Los Angeles and London 2010, ISBN 1-41-296047-9 , pp. 974-977