Victim Impact Statements

Victim Personal Statements: An analysis of notification and utilization

“…Specifically, in an adversarial system where the crime is understood as an offense against the State and not the victim, victim input is seen as inappropriately establishing the victim as a formal charging party in the case. Some argue this elevated victim role is deserved and empowering, allowing victims to be heard (see, for example, Erez, 1999) without upsetting the balance of legal systems or defendants’ rights (see, for example, Erez, 1991). Conversely, others note participation can introduce subjectivity into court proceedings (see, for example, Sarat, 1997), infringe on defendants’ rights (see, for example, Hellerstein, 1989), and result in unfair or harsher sentencing (see, for example, Ashworth, 2000; Henderson, 1985).…”

Antidotes to injustice? Victim statements’ impact on victims’ sense of security

“…In England and Wales and in South Australia, cross-examination is the only way for the victim to directly address the court on the contents of the statement (Roberts and Erez, 2004; Victims Support Agency Victoria, 2009). However, cross-examination is a difficult experience for victims (Erez, 1991; Roberts and Erez, 2004; Victims Support Agency Victoria, 2009), and many victims are alarmed after receiving information on what speaking in court actually entails. Research by Kool et al (2006) and Leferink and Vos (2008) in the Netherlands confirms that after receiving information about the right to speak in court, a substantial number of victims abandon their plan to speak in court.…”

Unlikely Friends? Oprah Winfrey and Restorative Justice

“…In particular, ideas derived from the counselling and therapy industries regarding the importance of talking about one's problems, expressing one's emotions, and 'being heard' can be seen in a range of recent criminal justice initiatives. It has come to be taken for granted, for example, that crime victims need to be given the opportunity to tell the story of their victimisation, to express their pain or fear about the offence, and to 'be heard' (see, e.g., Currie & Kift, 1999;Erez, 1991;Karmen, 1996). Muir (as cited in Cook, David, & Grant, 1999, p. 43) demonstrates this effectively, stating that, 'When victims of crime are denied the opportunity to tell their stories, they are in a sense disempowered, and are denied an essential aid in their recovery'.…”

“…Recent changes to legislation both in Australia and overseas introducing the use of Victim Impact Statements and related initiatives such as the right to allocution in the USA (Erez, 1991) can certainly be at least partially understood as a manifestation of this discourse. Restorative justice is another recent criminal justice practice that appears to have been informed, in part, by the celebrated discourse of 'talking about it', as the following examples indicate:…”