Do Victim Impact Statements Impact Criminal Sentencing? [POLICYbrief]

Every courtroom in America allows crime victims to give statements to the judge before sentencing. But how do these statements impact criminal sentencing? In this episode of POLICYbrief, Professor Paul Cassell explains the pros and cons of allowing victim impact statements during criminal sentencing and whether victim impact statements serve an important role in our criminal justice system.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Learn more about Paul Cassell:
faculty.utah.edu/u0031056-PAUL_G._CASSELL/hm/index.hml
Related links:
In Defense of Victim Impact Statements
papers.ssrn.com/sol3/papers.cfm?abstract_id=1468649
Differing Views:
Against victim impact statements
www.overlawyered.com/2008/03/against-victim-impact-statements/
Victim Impact Statement In Criminal Sentencing: Success Or Setback For The Criminal Justice Process?
www.researchgate.net/publication/322405791_Victim_Impact_Statement_In_Criminal_Sentencing_Success_Or_Setback_For_The_Criminal_Justice_Process
What Are Victim-Impact Statements For?
www.theatlantic.com/politics/archive/2016/07/what-are-victim-impact-statements-for/492443/
Victim Impact Statements and the Case of Larry Nassar
lawreview.syr.edu/victim-impact-statements-and-the-case-of-larry-nassar/
The Power and Limitations of Victim-Impact Statements
www.newyorker.com/culture/culture-desk/the-power-and-limitations-of-victim-impact-statements

[@leowilton6197]

I was a victim of an unprovoked assault in 2012,Stabbed in throat with a pen kicked about the head and body was unconscious in intensive care for 6 days in hospital for 5 months,defendant plead guilty after 45 months went to sentencing and prosecutor told me he would be sentenced to 8 years I gave a victim impact statement there was no change.

[@raymondglaser8481]

I’m sorry for you. It isn’t right that you went through what you did.

[@1065Olivia]

A victim has the right to have their voice heard! Our entire justice system gives all advantages to the criminal!

[@MrKrazykajun]

Cringe. I hope you don’t hold a lot of power in society.

[@donaldzinman2184]

I have a question. What if the crime victim was murdered, and has no family and friends? And hence, nobody to make an impact statement on his/her behalf? Does this just somehow mean that the criminal will get a lighter sentence than otherwise would have been the case, if the crime victim had a large family and circle of friends who loved them? I'm just not sure it's fair that a popular and beloved crime victim might get to have their criminal get a harsh sentence, while a lonely, isolated crime victim with no friends or family may have their criminal get a lighter sentence.

[@Lebby-lc9co]

I’m no lawyer or judge, but the recent trial for the Parkland school shooter kind of proves that victim impact statements don’t have much of an impact. Dozens of family members gave powerful statements about their grief, and Cruz still got life in prison. I’ll agree that they give a sense of satisfaction to the victims, but they really aren’t going to dramatically change a sentence.

[@themoonawakening8013]

Hello, can I ask please is it best to go court and read out my statement so the judge can see the impact it has on me or to stay home. Will it make a difference?

[@whitelight999]

It's 2021 and victims have fewer rights than they did in the 80s. That is the truth. We see movement to bail reform and even cities and states moving toward 0 bail System. Also would DA's overwhelmed with cases they simply want to close a file and do not even negotiate an aggressive plea deal. This affords criminals to repeat offenses because there are no repercussions

[@tiffanymann2447]

Agreed..My son was murdered.. the POS who did it got his bond lowered to 150k...The justice system is trash.

[@alangonzales1916]

And in most victaim impact statement would lead to the court being adjourned after the judge gave the sentence.

[@spencergwin9454]

Whether the statement influences the sentencing phase of the legal process is kind of irrelevant. It is important for the survivors or the relatives left behind to voice their thoughts, feelings, frustrations, any emotion they choose to the court and the defendant. In the Nassar case, the victims/survivors had been silenced for so long that it was important for everyone who wanted to listen to understand the hell of the abuse and the aftermath. Their voices needed to be heard in that Lansing courtroom for all 7 days. Maybe only one statement do I question the legitimacy because the impact statement seemed more like a performance on a stage. The other 99% were genuine to my eyes and ears, for whatever the hell that is worth. (I'm sure not a damn thing to anyone.)

[@SleazeThrobb12345]

So sick of victim impact statements making cases for lazy lawyers who cant totally prove anything. Their should be 0 emotion in the court. I dont believe we should even have jury's just a panel of 3 or 4 judges. Lawyers make their living not working with law but twisting words and emotion and trying to control people in a jury box.

[@thehandoftheking3314]

Victim Impact statements come AFTER the judgment, not before, so your comment is wrong.

[@benzybtw]

W vid

[@c273]

I'm not sure bringing feelings and emotion into a courtroom is a good idea. If the goal is to have the victims have their voices heard, it could be achieved to the same level if the impact statements were given after the sentencing is done, like a postscript.

[@katieevanson3384]

Why not though it’s important the judge and jury understand the effects that this crime has had on the victim

[@thehandoftheking3314]

So you want victims to be an after thought?

[@許進曾]

I'm expecting an "IMPACT" statement not the lame verbal impact statement.

[@andtou1342]

Victim impact statements are manipulative. There, I said it.