Victim Impact Statements at Sentencing: Towards a Clearer Understanding of Their Aims

Manikis, Marie

doi:10.2139/ssrn.2869383

Cited by 3 publications

(4 citation statements)

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“…For example, Bill C-32 directs judges to consider restitution in sentencing (where appropriate) and clarifies provisions regarding the process for victim impact statements. However, neither tool is commonly used, and neither has any direct or consistent effect on sentence severity, especially with respect to victim impact statements (Manikis, 2015).…”

Section: Symbolismmentioning

confidence: 99%

How the Canadian sentencing system impacts policy reform: An examination of the Harper era

Puddister

2021

Law & Policy

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During the Harper era (2006)(2007)(2008)(2009)(2010)(2011)(2012)(2013)(2014)(2015), the Canadian government actively pursued criminal justice policy reform. Many of its efforts focused on reforming the Canadian sentencing regime by increasing the severity of penalties, including expanding mandatory minimums. Yet, Canada's rate of incarceration remains stable. The inconsistency between the considerable focus on sentencing policy by the Harper government and the lack of significant change in incarceration rates merits further scrutiny. This contrast between policy effort and policy impact also presents an opportunity to examine how the context of criminal justice policy in Canada influences the nature of policy reform. Taking up this focus, this article articulates the context of Canadian criminal justice policy and considers how this context shapes the policymaking process and policy reform. | INTRODUCTIONWhen the public assesses the performance of the criminal justice system, the length and severity of sentences for offenders are front of mind (Roberts et al., 2007;Steiger, 1998). The public routinely evaluates sentences imposed by judges as reported by the media and considers whether the severity of the sanction is just. Sentences that are perceived to be too lenient will draw criticism and will lead to calls for more punitive sentencing and less judicial discretion. Therefore, it is not surprising that governments motivated by a desire to appear tough on crime will focus their attention on sentencing policy (Beckett et al., 2018). In Canada, this certainly was the case for the recent Conservative government, led by Prime Minister Stephen Harper, which held power from 2006 to 2015. The Harper government devoted a substantial portion of its legislative efforts to criminal justice policy in general and sentencing policy in particular. Many of the measures adopted by the Harper government drew criticism from different members of the criminal justice policy community, as many were concerned that the focus on severity in sentencing would increase the rate of incarceration and increase spending on criminal justice.

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Section: Symbolismmentioning

confidence: 99%

How the Canadian sentencing system impacts policy reform: An examination of the Harper era

Puddister

2021

Law & Policy

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“…A basic and uncontested example of this form of participation is the victim serving as a witness in a criminal trial so as to provide important evidence, based on what the witness has seen, heard, and experienced (Edwards, 2004: 976). In some common law jurisdictions such as England and Wales and Canada, victim impact statements are considered informative documents that provide useful information to the sentencing judge and to other parties in the process about the harm suffered by victims (Manikis, 2015: 92; Roberts and Erez, 2010: 238). However, such victim impact statements are generally optional and thus do not compel victim participation in the process.…”

Section: Literature On Models Of Victim Engagementmentioning

confidence: 99%

“…Ashworth, 1993; Bandes, 1996; Dubber, 1993; Hoyle, 2011), even if it has become less prevalent over the years (e.g. Manikis, 2015; Roberts, 2009; Sarat, 2004). The role of victims in parole decision making remains even more contentious, given a perceived conflict between typical victims’ interests and the functions that conditional release is meant to play (Roberts, 2009: 386).…”

Section: Introductionmentioning

confidence: 99%

Making sense of the victim’s role in clemency decision making

Pascoe¹,

Manikis

2018

International Review of Victimology

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This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. In brief, the authors' main finding is that victim involvement in clemency decision making can indeed be supported by the theoretical literature, albeit to a more limited extent than is currently practised in some common law jurisdictions. In light of the theoretical underpinnings of clemency in democratic societies and the literature on victim participation, the authors conclude by making several ‘best practice’ recommendations for future policy-making.

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“…This instrumentalisation of VPS sees victims' statements being mediated by other actors in the criminal justice system for their own ends, undermining process-control and victims' perceptions of procedural justice in how accurately their harm is being represented. 62 There are good reasons for redactions. Defence counsel found that they often edit the statement if it is not backed up by medical evidence.…”

Section: Framing the Vpsmentioning

confidence: 99%

Victim personal statements in managing victims’ voices in sentencing in Northern Ireland: taking a more procedural justice approach

Moffett

2017

NILQ

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Victim personal statements (VPS) have been introduced in a number of common law criminal justice systems. Although they have been espoused as important in ensuring victims’ ‘voices’ are ‘heard’ in sentencing, this article examines the extent of improving victim satisfaction and procedural justice in Northern Ireland. In light of increasing juridification of victim participation through the VPS by the EU and the English Court of Appeal, its impact on sentencing has received mixed views amongst victims, intermediaries and legal practitioners. Drawing from 24 interviews with judges, lawyers and intermediaries, this article finds that greater attention should be paid to vulnerable victims’ inclusion and that judges should better articulate the impact the VPS has on sentencing and the significance of such statements in acknowledging the victim’s experience, rather than engendering harsher sentences.

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Victim Impact Statements at Sentencing: Towards a Clearer Understanding of Their Aims

Cited by 3 publications

References 1 publication

How the Canadian sentencing system impacts policy reform: An examination of the Harper era

How the Canadian sentencing system impacts policy reform: An examination of the Harper era

Making sense of the victim’s role in clemency decision making

Victim personal statements in managing victims’ voices in sentencing in Northern Ireland: taking a more procedural justice approach

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