How to Create a Compelling Victim Impact Statement

Crime victims (or survivors of deceased crime victims) are allowed to give a Victim Impact Statement at the time of sentencing, after the defendant has been found guilty. A Victim Impact Statement tells the judge (and the jury, if there is one) how the crime has impacted the victim and the victim's family and describes the harm that the offense had on them. Make sure that experience has the most impact on the court and that it is personally meaningful for the victim.

Things You'll Need

• Notebook
• Pen/paper or computer

Instructions

1. Talk to the prosecutor, and ask if the prosecutor's office has a victim assistance program. Most do. If so, ask to speak to a victim-witness assistance specialist. They will help in a variety of ways and can provide guidance on the Victim Impact Statement.

2. Consider who would be the best person(s) to make a statement to the court.The Victim Impact Statement can generally be provided by the victim, the survivor of a deceased victim or a designated representative of the victim. Some courts allow more than one person to present a statement.

3. Focus on the impact of the crime on the victim and his loved ones, not on the offender. The offender has already had his "day in court." Use this opportunity to describe to the court the human impact the crime has had on the victim, the victim's family, friends, colleagues and community. In particular, make sure to describe the physical, emotional, financial, social and spiritual "costs" of the crime.

4. Explain to the court what kind of person the victim was. Give examples of the thoughtful or humorous things the victim did in life. Don't try to portray the victim as a saint, but as a living, breathing human being. Bring pictures of the deceased victim to court to show the judge. Remember, the judge has seen the crime scene and autopsy photos, so it is important to let the judge know what kind of person the victim was when alive.

5. If there are out-of-pocket costs associated with the crime that are not covered by insurance or victims' compensation. Include these amounts in the Victim Impact Statement and to ask the judge to order restitution (repayment by the offender).

6. Try not to rehash too many details of the crime in the Victim Impact Statement. The court already heard that information during the trial. In addition, be careful about making recommendations to the judge or jury about how to sentence the offender. If the victim feels strongly about making a recommendation, keep it brief. Again, the focus of the Victim Impact Statement should be on the victim -- and if the statement is a moving testimony to how the crime has changed the life of the victim or the victim's loved ones, the court will hear that message loud and clear.

7. Write the Victim Impact Statement down even if the victim chooses to make an oral Victim Impact Statement (speak openly to the judge or jury in court). Read the Victim Impact Statement aloud before court to get used to saying the words aloud. Give a copy of the written Victim Impact Statement to the prosecutor. This document will become part of the permanent file, and usually, a copy will be given to the judge and to the defense counsel.

Tips & Warnings

• If the offender is sentenced to prison and the victim has elected to be notified of any parole or probation hearings, the victim may also provide a Victim Impact Statement at those hearings. At that time, the victim will address the parole or probation officials, because they did not hear the original Victim Impact Statement at sentencing. The victim may also discuss his thoughts about whether the offender should be released.

• In cases where a pre-sentence investigation is ordered by the court, a written Victim Impact Statement should be provided to be considered as part of that investigation. This is usually the case in federal court.

• State victims' bills of rights include the right for victims to be notified of all critical phases of the criminal justice process. Ask the prosecutor or the victim-witness assistance specialist what forms the victim needs to fill out to be notified of any activity involving the case or the offender.

• The statutes relating to Victim Impact Statements may differ in cases where the prosecution is seeking the death penalty.

• Victims should simply tell the truth in their Victim Impact Statement. Statements that contain false information or are exaggerated do not help the court and harm the integrity of the victim.

References

• The National Center for Victims of Crime: Victim Impact Statements