A victim impact statement is a personal account detailing how a crime has affected the victim, their family, or friends. These statements can be submitted for any crime, including DUI accidents, and are often presented to a judge at or before sentencing.
Though optional, victim impact statements are a right that victims can choose to exercise. This statement allows the judge to hear the victim’s perspective, often for the first time, directly from them or a loved one. An Atlanta personal injury lawyer can walk you through the process.
Submitting an impact statement can be a powerful way to convey their experiences and the harm caused by the offender. It gives the court a fuller understanding of the emotional and physical toll on the victim’s life.
Key Questions for Writing a Victim Impact Statement
Before writing a victim impact statement, domestic violence survivors or their supporters should consider a few important questions. These can help you express your thoughts clearly and convey your experience to the judge.
- How has the crime emotionally affected you?
- In what ways has your ability to relate to others changed?
- What specific injuries have you suffered due to the crime? Describe your pain and suffering.
- Has the crime had a financial impact, such as missed work, relocation, or medical bills?
- How long do you anticipate needing treatment for your injuries?
- How has the crime altered your life or your family’s life?
For friends or loved ones of the victim, share a bit about who the victim was and your relationship with them. Remember not to include personal details like addresses or phone numbers, as the offender will have access to the statement.
The Importance of Writing a Victim Impact Statement
Writing a victim impact statement is optional, but it offers several benefits that can make a significant difference. Here are a few key reasons to consider writing one:
- Share your story: This is often the first time the judge hears your perspective. The criminal justice process typically focuses on the offender, and your statement helps highlight the victim’s experiences.
- Personal impact: It allows you to address the court and the offender, sharing how the crime has affected your life. This can be an important step in your emotional healing process.
- Humanize the victim: By expressing your feelings and experiences, you help put a face to the often-overlooked victim, making your story a vital part of the judicial process.
Taking the time to write a victim impact statement can be empowering and therapeutic, providing a voice to your experience and contributing to a more complete understanding of the crime’s impact at trial.
How Is Your Victim Impact Statement Used? Do You Have to Read It in Court?
Writing and presenting an impact statement in court might feel overwhelming. If standing in front of the offender and reading your statement seems too difficult, you can have a family member, friend, victim advocate, or the Deputy District Attorney read it on your behalf.
When you submit a written statement, it becomes part of the court records, including the prosecutor’s and defense files. Your victim impact statement can also be added to the offender’s Department of Corrections and Rehabilitation file.
Your words play a significant role in the judicial process, providing insight into how the crime has affected you and helping the court understand the full impact of the offender’s actions.
Who Can Read Your Victim Impact Statement?
When you submit a Victim Impact Statement, it becomes a public document. Here’s who can access it:
- The judge or magistrate: They review your statement to make sure it’s admissible, decide which parts can be read aloud in court if requested, and consider it when determining the offender’s sentence.
- The defense team and offender: The offender’s lawyer receives a copy of your statement, meaning the offender may read it, even if it isn’t read aloud in court.
In the Courtroom
You can request for your victim impact statement to be read aloud during the plea hearing by:
- Yourself
- A person of your choice (with court approval)
- The prosecutor
To make this request, contact the police officer in charge of the case or the Office of Public Prosecutions before the hearing. You can also specify if there are parts of your statement you prefer not to be read aloud.
Privacy Concerns
If you’re worried about privacy, ask the judge or magistrate to close the courtroom while you read your statement. This would prevent the general public and media from entering the courtroom.
If there are concerns about the admissibility of parts of your statement, the prosecution team might discuss it with you beforehand.
What is a Pre-Sentence Report?
A Pre-Sentence Report (PSR) is a comprehensive document prepared by the U.S. Probation Office. It includes:
- The defendant’s criminal and social history
- Details of the crime committed
- The financial, social, psychological, and, if relevant, medical impact on the victims
- Any victim impact statements provided
The PSR plays a key role in helping the judge decide on the appropriate sentence for the defendant. The victim impact statement is a significant part of this report, offering insight into how the crime has affected the victims.
Uncertain About Attending Sentencing or Sharing Your Feelings
You have complete control over your choices. Attendance at the sentencing is not mandatory, but you are welcome to be there if you wish. If you decide to attend, you can choose to speak or simply observe without saying anything. Alternatively, you can have the prosecutor or a victim advocate speak on your behalf.
It’s perfectly okay to decide not to attend the hearing or share your feelings at the sentencing. Each victim’s response is personal, and there is no right or wrong way to feel. It’s important to do what feels best for you.
Victim impact statements are deeply personal. Expressing your feelings is a unique and individual experience. You shouldn’t worry about being judged; this is your moment to share how the crime has impacted you. It’s important to feel free to express your emotions openly.
Have you been injured and need assistance with writing a victim impact statement? John Foy & Associates provides a free consultation with some of Georgia’s most experienced and respected personal injury lawyers.
