Monday, December 13, 2010

Dawn Marie Wesely-Victim Impact Statement

WHAT IS A VICTIM IMPACT STATEMENT ?

A victim impact statement is a written statement (could be 2-3 paragraphs or longer) by a victim of the personal harm suffered as a result of the offence.  It gives the victim an opportunity not only to say what impact the offence has had on the victim, but also what, in the opinion of the victim, should be done about the matter.
A victim impact statement is given AFTER a person has been convicted and BEFORE the person in sentenced.
Once the defendant has been found guilty, the judge will look at the Victim Impact Statement to help make the correct decision regarding punishment.
WHO CAN MAKE A VICTIM IMPACT STATEMENT?

1. A primary victim (the person against whom the offence was committed)
2. A family victim (The victim's spouse, parent, sibling etc.
3. A representative of the victim (family friend, counselor, medical )

WHAT COULD A VICTIM IMPACT STATEMENT CONTAIN?

1). The statement gives the person the chance to put into writing for the judge the IMPACT that the crime has had upon the victim (family, friends).
2). The victim can inform the court of how the offence has affected him or her physically, mentally and otherwise.
               
WHAT A VICTIM IMPACT STATEMENT IS NOT

1).  It is not an opportunity to vent anger at the law enforcement and judicial systems. Respect must always be shown to the judge and the position he/she represents. 
2).  It is not the time to review the entire case. That’s the prosecutor’s job.
3).  It is not a time to be wordy. Avoid repetition. Brevity is important.
4).  It is not a time to explode with an emotional outburst at the imposter or be overly dramatic.
5). It is not a time to expect a confession from the imposter or to ask why did you do this? You won’t get an honest answer anyway and the "apology" might work against you if interpreted as remorse.

BENCHMARKS

Written Statement
1). Begin your statement with addressing the court (Your Honor).
2). Organize your thoughts in a MINIMUM of  500 to 600 words.
3). Describe the event in the first paragraph.
4). Describe the injury sustained and how this has impacted your life physically, emotionally, socially (second paragraph).
5). Make a recommendation as to restitution, plus (if desired) a recommendation as to the appropriate sentence. (third paragraph).
6). Make a closing statement --should be a powerful "punch" that will have a lingering affect in the courtroom.
7). Edit carefully--check for content, organization, sentence structure, strong vocabulary, spelling, grammar.

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