NCJ Number
192969
Date Published
2002
Length
27 pages
Annotation
This chapter reports on the results of research that examined the practices of trial courts in presenting victim impact testimony to juries in capital cases in two jurisdictions, the entire State of New Jersey and Smith County, Texas, during the 1990's.
Abstract
The chapter begins with a brief overview of the historical role of victims in legal systems as well as the rise of the victims' rights movement in the United States. It then turns to the relevant statutory and case law for both States. The authors then present a quantitative and qualitative analysis of victim impact testimony in 28 capital murder trials, 14 from New Jersey and 14 from Texas. The chapter concludes that this comparative examination of the use of victim impact testimony in two very different legal, social, and cultural environments is instructive in several ways. First, from a purely content-analytical perspective, the data indicated that despite significant differences in style of presentation dictated by different legal and constitutional settings, the impact testimony in both States falls into four categories: the nature of the relationship with the victim, the nature of the victim's character, the short-term impact of the victim's death, and the long-term impacts. Within each category there were some noted differences, such as the greater depth of character descriptions included in New Jersey testimony, which is prepared in advance. Despite these differences, however, the overall content of impact testimony is categorically similar. Second, the manner in which victim impact testimony is prepared and delivered is a direct reflection of the differences in political cultures of Texas and New Jersey. Finally, the research raises questions about the legitimacy of allowing even the most limited elements of emotionally charged statements by victims in the jury's penalty deliberations. 64 references