Extensive coverage of victim statements and the impact they play in punishment and penal policy.
Content:
- what are victim statements
- how much do victim statements influence the sentence
- how many victims participate
- are victims aware of their influence
- should victims influence sent...
How much impact should victims have on punishment and penal policy? Do victim statements
enhance justice or hinder justice?
What are victim statements and why are they used:
Crime affects people in different ways, whether emotionally, physically, financially,
psychologically or in any other way.
Often victims can feel removed from the criminal justice process but making a Victim Personal
Statement (VPS) enables them to explain the impact of the crime in their own words.
It helps criminal justice agencies to gain an understanding of this impact and, just as
importantly, may allow the offender to hear about the implications of their actions.
However, putting too much emphasis on victim impact has been criticised as two offenders
who completed the same conduct can receive different sentences depending on the emotional
state of their victim.
The justification behind this is similar to that of the thin skull rule in criminal law, you should
take your victim as they come, even if they possess unforeseeable vulnerabilities.
Victim statements are important to ensure victims rights and voices are heard, and utilising
victim statements within the CJS does not mean offenders rights cannot be considered also.
The CJS should have a proportional blend of influence from victims, offenders & experts.
How much to victim statements actually influence the sentence?
The Sentencing Council publish sentencing guidelines which set out a step approach for the
courts based on the culpability of the defendant and the harm caused to the victim.
Each Guideline sets out a range of sentences that appropriately reflect the seriousness of each
individual offence and which are intended to create a consistent approach.
If, however, in any particular case the court feels it is in the interests of justice to sentence
outside the guidelines, then it can do so.
When assessing the nature and seriousness of the offender’s actions, courts will take into
account the physical, emotional and financial harm caused to a victim or his or her family.
Whilst the court is aware of the likely impact of most offences, the VPS can help them
understand better how they apply to the particular case before them.
In summary, the VPS can help refine the court’s assessment of the harm caused to the victim
by the offender and this may impact on the severity of the sentence passed.
For parole hearings the VPS allows the panel to direct questions to the offender regarding
impact of their behaviour, insight into their behaviour, remorse, empathy and assessing
licence conditions.
It gives the panel insight into the original offence and the impact of those affected at that time
and the continuing impact, or additional impact should the offender be released.
It also helps the panel decide appropriate licence conditions, if the offender is to be released.
How many victims participate?
A small proportion of victims reported submitting a statement. The rates of participation
reported in previous research have ranged from 15 per cent in the most recent study to
date (Chalmers 2007).
Not surprisingly, victims of the most serious crimes are more likely to submit a statement.
This finding is confirmed by all empirical studies to date (e.g. Leverick et al., 2007;
Mastrocinque, 2010; Victoria Victims’ Support Agency, 2009).
Are victims always aware of their influence?
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