NCJ Number
187534
Journal
Maryland Law Review Volume: 59 Issue: 3 Dated: 2000 Pages: 628-643
Date Published
2000
Length
16 pages
Annotation
A close scrutiny of Maryland's Victim's Rights Act, as applied to a number of specific case scenarios, shows that it may also be applied in a manner that supports a defense attorney's argument for a reduction or modification of sentencing.
Abstract
In 1982 the Maryland General Assembly passed legislation in response to the growing concern of crime victims, who felt they were being treated poorly by the criminal justice system. This legislation authorizes a "Victim Impact Statement" to be submitted to the judge, along with the Pre-Sentence Investigation Report, prior to the sentencing of a defendant. The act also specifically provides for victims to be able to make an oral statement to the judge at the time of sentencing. The Circuit Court for Prince George's County was recently presented with a set of unusual circumstances that opened the door for the court to apply the Maryland Victim's Rights Amendment in a manner that was mutually beneficial to the defendant and to the family members of the victim. In the case at issue, Lee Drury Gerhold was convicted of murdering his wife. At a hearing on the defendant's motion for reconsideration of his sentence, three of the adult children of Virginia Gerhold, the victim in the case, offered testimony on whether their father's sentence should be reduced. The defendant's two daughters offered statements favoring their father's release. The court reluctantly ordered a reduction of the defendant's sentence, concluding that there were no means of extending compassion to his and his deceased wife's children without granting mercy to the defendant himself. If sentencing judges are to apply the act regularly, as they are now doing, then it is apparent that there should be further thought and discussion both academically and in case law on what, if any, limitations should be applied to that use. 47 footnotes