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Reactions of Prosecutors and Judges to Victim Impact Statements

NCJ Number
154504
Journal
International Review of Victimology Volume: 3 Issue: 1/2 Dated: (1994) Pages: 83-93
Author(s)
M Henley; R C Davis; B E Smith
Date Published
1994
Length
11 pages
Annotation
Two surveys of New York City prosecutors and judges examined attitudes toward the principle of victim participation in criminal proceedings through victim impact statements as well as the extent to which such reforms have been implemented in practice.
Abstract
The results of both studies showed that, in theory, most prosecutors and judges favor the use of victim impact statements. However, when presented with victim impact statements and asked to integrate them into their established routines, both prosecutors and judges resisted in various ways. Impact statements carry with them several disincentives. They leave judges with less discretion in terms of sentencing decisions, they generate some degree of inconvenience for prosecutors involved in producing them, and they may present problems stemming from discovery requirements. Further research should examine whether victim impact statements actually provide prosecutors with information that is novel and salient, and thus worth the disadvantages. 15 references

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