Victim Personal Statements: An analysis of notification and utilization

Mastrocinque, Jeanna M.

doi:10.1177/1748895812469382

Cited by 7 publications

(4 citation statements)

References 20 publications

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“…This finding is confirmed by all empirical studies to date (e.g. Leverick et al, 2007; Mastrocinque, 2010; Victoria Victims’ Support Agency, 2009).…”

Section: Resultssupporting

confidence: 67%

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Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey

Roberts

Manikis

2012

Criminology & Criminal Justice

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Crime victims and victims' advocates have for many years called for greater input into the criminal process, and in particular at the stage of sentencing. Today, victims in almost all common law countries have the opportunity to participate in the sentencing process, usually by providing information about the impact of the crime. This impact evidence is placed before a sentencing court in the form of a victim impact statement (VIS) or victim personal statement (VPS) as it is known in England and Wales. This article reviews findings from the last few years of data from the Witness and Victim Experience Survey (WAVES) which was conducted by the Ministry of Justice. We review findings from the last administrations of the survey. In the most recent administration of the survey (2009-2010), less than half (43%) of victims recalled being offered a statement. Over the most recent three-year period (2007-2010), a comparable percentage (42%) of the victims recalled being offered the opportunity to make a VPS; almost half (45%) explicitly responded that they had not been given an opportunity to make a VPS. In addition, significant variation emerged across local justice areas. The percentage of victims reporting having been offered a VPS varied from a low of 29 per cent in London to a high of 63 per cent in Northumbria-a range of 34 per cent. These and other findings suggest that the VPS scheme is being inconsistently implemented across the country.

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“…This finding is confirmed by all empirical studies to date (e.g. Leverick et al, 2007; Mastrocinque, 2010; Victoria Victims’ Support Agency, 2009).…”

Section: Resultssupporting

confidence: 67%

“…International trends also reveal that victims of the more serious forms of offending are more likely to participate in victim input schemes (e.g. Mastrocinque, 2010). It is nevertheless surprising that even victims of violence were more likely to state that they had not been offered the opportunity to complete a statement.…”

Section: Resultsmentioning

confidence: 99%

Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey

Roberts

Manikis

2012

Criminology & Criminal Justice

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“…Nevertheless, we note that once we controlled for type of crime, the presence of a VIS was no longer significantly associated with differences in the length of either incarceration or probation sentences. In some ways, this finding discounts the idea that VISs can influence sentencing outcomes (Boppre & Miller, 2014;Chalmers et al, 2007;Erez & Rogers, 1999;Erez & Tontodonato, 1990;Mastrocinque, 2014;Paternoster & Deise, 2011;Phillips, 1997;Sanders et al, 2001). Future research could explore the dynamics of the VIS and sentencing relationship within each crime type instead of just controlling for it.…”

Section: The Relationship Between Vis Presence and Sentencing Outcomesmentioning

confidence: 78%

The relationship between victim impact statements and judicial decision making: An archival analysis of sentencing outcomes.

Dufour,

Ternes,

Stinson

2023

Law and Human Behavior

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Objective: Victim impact statements (VISs) are testimonies that convey the emotional, physical, and financial harm that victims have suffered as the result of a crime. Although VISs are often presented to the court at sentencing, it is unclear whether they impact judicial decisions regarding sentencing. Hypotheses: We did not have any formal a priori hypothesis but instead examined five research questions. The first two explored whether the relationship between the victim and the offender, as well as the type of crime, was associated with differences in the likelihood of VIS submission. The following two explored whether the presence of a VIS was associated with differences in sentencing outcomes (incarceration, probation, ancillary orders, parole eligibility). The final research question explored whether the number of VISs and the delivery format (oral vs. written) was associated with differences in sentencing outcomes. Method: We coded and analyzed 1,332 sentencing rulings across Canada from 2016 to 2018 that included the phrase “impact statement.” We coded for 87 variables, including information about the VIS, the victims and offenders, crime type, and sentencing outcomes. Results: Overall, VISs are more likely to be delivered in cases in which the crime is more severe. Once we controlled for the type of crime, sentencing outcomes were unrelated to the presence of VISs. Sentences were longer when VISs were delivered orally than in written format and when more than one statement was submitted. Conclusions: The relationship between VISs and sentencing outcomes is closely tied to several extralegal factors and should be investigated further. This research offers insight into the mechanics of victim evidence at sentencing. The findings of this study have implications for lawyers, researchers, judges, victims, offenders, and other stakeholders in our legal systems.

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“…For example, the provision of legal representation (see Carroll, 2022; Elbers et al, 2022; Laugerud and Langballe, 2017) or victim advocacy (see Camacho and Alarid, 2008; Cattaneo et al, 2009; Michel and Sikkink, 2013), especially for those with limited capacity (López et al, 2016), are resources. The provision of routine information that informs and assists victims to know what is available, how and when is also a critical resource enabling participation (Carr et al, 2003; Mastrocinque, 2014). Equally, the technology that assists victims to contribute are resources that need explicit examination whether, for example, as videoed testimony (Walton et al, 2021) or an automated information system (Irazola et al, 2015).…”

Section: Discussion and Future Directionsmentioning

confidence: 99%

Victim participation in criminal justice: A quantitative systematic and critical literature review

Holder

Englezos

2023

International Review of Victimology

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Meaningful participation in criminal justice by victims of violence is an aspiration of advocates working across domestic and international jurisdictions. Researchers have examined a range of participatory activities undertaken by violence victims. However, there has been no review of research that could build shared understanding of the content and contours of ‘participation’, its benefits and disbenefits to victims, nor assess the quality of justice it delivers. This article presents the first systematic quantitative and critical review of the topic. Electronic literature databases were searched to identify empirical research of victim participation whether in domestic or international criminal justice. Searches for peer-reviewed academic English-language journal articles found 58 studies matching the selection criteria and published between 2002 and 2021. Just over half were common law-based studies that were themselves mostly conducted in the United States. Definitions of victim participation were oblique but three-quarters of the studies demonstrated victim participation in some way, mostly participation at trial. The most common form of participatory activity studied was the provision of victims’ views and concerns followed by victim impact statements. The conceptual focus of studies was largely rights-focused while a substantial number assessed offender-related outcomes. We argue for greater specificity of participatory mechanisms and outcome measures in research. Given the multiplicity of situations and procedures ascribed as victim participation, we provide a schematic to assist researchers in organising evidence for future theoretical scrutiny.

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Victim Personal Statements: An analysis of notification and utilization

Cited by 7 publications

References 20 publications

Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey

Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey

The relationship between victim impact statements and judicial decision making: An archival analysis of sentencing outcomes.

Victim participation in criminal justice: A quantitative systematic and critical literature review

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