NCJ Number
93205
Date Published
1981
Length
18 pages
Annotation
Prepared for judges and prosecutors, this manual suggests that a victim impact statement be prepared for the court prior to sentencing and analyzes State laws governing the victim's input into the criminal justice system.
Abstract
The present criminal justice system prosecutes criminals on the legal theory that the Government or society is the victim, relegates the victim to an observer status, and often denies the victim the right to observe. A questionnaire voluntarily completed by the crime victim and included in the presentencing report has been introduced by prosecutors and judges so that the victim can participate in the sentencing process. This victim impact statement details the physical, psychological, and economic effects of the crime on the victim and provides space for victim opinions on the appropriate sentence and the criminal justice system as a whole. Only Indiana, Connecticut, Illinois, and Kansas have statutes that explicitly require a statement from or concerning the victim in the presentence report. Oregon allows for a postconviction hearing that victims may attend; here they have a voice in determining if an aggravation or mitigation of punishment is warranted. Minnesota law allows the victim a similar opportunity. The remaining State statutes on presentence reports fall into three broad categories: those that require the gathering of information with respect to circumstances attending the offense, those that allow the reporting officer discretion to include relevant information, and those that make no mention of the victim and are oriented predominantly to the defendant. The manual provides the text of the Indiana, Connecticut, Illinois, and Kansas laws, as well as a table categorizing other States' statutes.