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according to the how much the victim is missed, or conversely that someone's death is relatively less harmful if they have no family. In the circumstance of death, some jurisdictions have described victim impact statements from family members as "irrelevant" to sentencing but not "unimportant" to the process: they are valued for restorative purposes but cannot differentiate punishment for causing death.
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In general terms, the person making the statement is allowed to discuss specifically the direct harm or trauma they have suffered and problems that have resulted from the crime, such as loss of income. Some jurisdictions allow for attaching medical and psychiatric reports that demonstrate harm to the
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In cases of crimes resulting in death, the right to speak is extended to family members. In some jurisdictions there are very different rules on how victim impact statements from family members may be regarded. This is because it is seen as unprincipled that different punishments for death are given
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Among current issues with victim impact statements is their relative newness and a lack of research into their actual effectiveness against their theoretical goals. There are occasionally legal issues surrounding the admissibility of facts in a victim impact statement that are materially adverse to
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Some jurisdictions permit statements to express what they deem to be an appropriate punishment or sentence for the criminal. Others expressly forbid any proposal or suggestion on punishment or sentencing. Among other reasons, this is because the sentencing process is solely the domain of the judge
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enacted law in 1988 specifically providing for Victim Impact
Statements in the sentencing process, and other States followed with legislation that either provides specifically or generally for the tendering of victim impact statements as part of the sentencing process.
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190:(ISB). The VPS was introduced in England and Wales in 1996 under the Victim's Charter. Evidence shows that it has been inconsistently applied at the sentencing stage with less than half of victims being given the opportunity to provide such a statement.
132:'s treatment of crime victims. The Attorney General endorsed the use of victim impact statements and stated that judges should "provide for hearing and considering the victims' perspective at sentencing and at any early release proceedings."
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By 1997, 44 of the
American states allowed the presentation of victim impact statements during its official process, although until 1991 these statements were held as inadmissible in cases where the death penalty was sought.
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One purpose of the statement is to allow the person or persons most directly affected by the crime to address the court during the decision making process. It is seen to personalize the crime and elevate the status of the
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Another purpose of the statement is to inform a court of the harm suffered by the victim if the court is required to, or has the option of, having regard to the harm suffered by the victim in deciding the sentence.
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The law varies in different states, and while most states allow statements to be made during the sentencing phase of the trial, Indiana and Texas allow for statements to also be made after sentencing.
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guidelines require prosecutors to remove inappropriate or inflammatory material from Victim Impact
Statements prior to them being submitted before a court to prevent any such issues.
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who considers many more factors than harm to victims. Allowing suggestions on punishment or sentence can create a false hope of the eventual sentence and undermine the notion of
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victim. They can also discuss the impact the crime has had on their ambitions or plans for the future, and how this also impacted their extended family.
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recommended that "judges allow for, and give appropriate weight to, input at sentencing from victims of violent crime." In 1992, the
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383:"Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey"
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In
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held that a victim impact statement in the form of testimony was allowed during the sentencing phase of a trial in
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In civil cases, a victim impact statement may be used to determine how much is awarded to the plaintiff.
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is a written or oral statement made as part of the judicial legal process, which allows
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Victim Impact
Statement information from the Department of Justice, Victoria, Australia
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The first such statement in the United States was presented in 1976 in
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261:"STUDENT ARTICLE: VICTIM IMPACT STATEMENTS: A MODIFIED PERSPECTIVE"
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98:, and was passed as law in California in 1982, because of
186:(VPS). For crimes that affect businesses, it is called an
279:"Today in History: The First Victim Impact Statement"
301:"Recommendations for State Criminal Justice Systems"
351:Roberts, Julian V.; Manikis, Marie (October 2011).
182:In the United Kingdom, the statement is known as a
128:released 24 recommendations to strengthen the
27:Part of the sentencing process in criminal law
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38:victims the opportunity to speak during the
518:Darkness to Light - Victim Impact Statement
381:Roberts, Julian V.; Manikis, Marie (2012).
159:and that the statements could be ruled as
122:President's Task Force on Victims of Crime
42:of the convicted person or at subsequent
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468:. Australian Institute of Criminology
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102:'s concern that any members of the
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120:In 1982, the Final Report of the
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362:(Report). University of Oxford
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505:Criminal Justice Intervention
440:Government of South Australia
188:Impact Statement for Business
326:"Victim Personal Statement"
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109:that killed her daughter,
184:Victim Personal Statement
18:Victim personal statement
528:Lawlink, New South Wales
399:10.1177/1748895812452281
281:. PAAR. 24 February 2014
130:criminal justice system
113:, in 1969 might obtain
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543:Restorative justice
332:. 13 September 2018
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142:Payne v. Tennessee
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