NCJ Number
108606
Journal
Judicature Volume: 71 Issue: 3 Dated: (October-November 1987) Pages: 162-168
Date Published
1987
Length
7 pages
Annotation
To examine intrajurisdictional and interjurisdictional variations in the implementation of legislation authorizing the use of victim impact statements (VIS's), probation offices were surveyed in each of the States in which probation staff are responsible for VIS preparation.
Abstract
The survey yielded 117 usable questionnaires from 33 States. Sampled offices were asked to approximate the extent of VIS preparation in 1985 and to describe the participatory role of the victim at sentencing. Specifically, respondents commented on authorized modes of victim participation, procedures for victim notification of these rights and opportunities, authorship and verification of victim statements, specifications of the contents of a VIS, and models and formats for VIS presentation. As of the summer of 1987, a victim role at sentencing had been authorized in over 96 percent of all States. The estimated level of actual victim involvement based on this survey, however, suggests that victims infrequently use mandated opportunities to participate in sentencing, either because they are unaware of participatory options or are discouraged from involvement. There is little consensus among jurisdictions as to the preparation or presentation of victim impact statements. Such inconsistency raises constitutional concerns and questions policy implications. 2 tables and 6 footnotes.