Victim Impact Statement WWYD? UPDATE - 7/29/10

[troubledmom]

Have you ever made a victim impact statement at a sentencing hearing? What did you say? Did it make you feel better or worse?

My teenager was a victim of a crime last summer. The defendant faced up to 24 years in prison and just recently pled guilty to one count (of 8) and will be sentenced to 1 year in jail. Yesterday we received the call to ask our intention about the impact statement.

We have been to all the hearings so we have faced the defendant many times. What would you do? What would you say?

 

[lillygator]

24 years and only got ONE?? wow, that is amazing. I am not sure what I would do....hope someone will have some suggestions.

 

[KandD]

I am a victim advocate and if your teenager was not too scared I would encourage him/her to do it. Is the sentence definitely one year or will the statement have any effect on the sentencing?

I think the judges (and prosecutors, defense, etc.) need to hear from the victim in order to put a person behind the crime. Sometimes I think that court personnel become too desensitized to crime and hearing from victims can help them remember that the sentence is not only impacting the defendant but the victim as well. I don't know what kind of crime it was but your child's statement may have some effect on the defendant as well.

Good luck to you and your child.

 

[Eeyore'sthebest]

OP, I wrote one on behalf of my DSD after she was molested by her mother's boyfriend. Basically I wrote how it had affected her mentally and physically. I wrote about nightmares, her fear of disease, her mental state, how it affected her father, her relationship with her mother. Pretty much everything was open as a topic. I wanted them to know how it had changed day-to-day life. That this wasn't an "Okay, it's over now and things are back to the way they were."
Ours was a verbal impact statement at the sentencing part and a written impact statement years later when he was up for parole. He didn't receive parole so maybe the impact statement helped. She was still young at the time so she had no idea that it was even written.

Good luck with your decision. I must say that while it was hard to start, once I started it became very cathartic.

 

[troubledmom]

I am a victim advocate and if your teenager was not too scared I would encourage him/her to do it. Is the sentence definitely one year or will the statement have any effect on the sentencing?

Good luck to you and your child.

I don't think the victim's statement will have an effect on the sentence. The DA's office has accepted the plea agreement and the defendant will spend 9 months in jail (time off for good behavior). My fear is that our words will do more harm to our family in the future.

Thank you for wishing us luck, we need it.

 

[Luv2Scrap]

I did it in 1995 at age 21, but it was very difficult. My best friend was killed by a drunk driver, and the driver was facing a maximum sentence of four years. At that time, similar cases were rarely ever sentenced for longer than one year. I cried and shook all the way through it, but it was important, and in our case, we knew it had the potential to make a difference, so I made myself get through it. It was a high profile case (He was almost an officer in the US Coast Guard), so a full courtroom with media present.

I am very glad I did it, because he was sentenced to the full four years. Not nearly long enough for taking a life, but it was truly the most we could hope for.

In your case, I would say it depends on whether it has the potential to make a difference, and how everyone feels about it. Would you be giving the statement, or would it be your child? If it’s the child, it would depend on how strong they are emotionally, and if they really want to do it or not. I certainly would not push for it if they don’t want it, because it is a very hard, very emotionally draining occasion.

 

[lillygator]

this person is not currently in jail? or was this before they were put in jail?

 

[troubledmom]

this person is not currently in jail? or was this before they were put in jail?

The defendant was arrested twice, posted bail both times and will not go into custody again until after the sentencing hearing.

 

[nuttylawprofessor]

The prosecutor and defendant may have one deal, but the judge isn't necessarily bound by that agreement. For example, Bernard Kerik was sentenced to several years in prison even though his plea agreement was for a much shorter time. The victim statement might make a difference. It can also give the victim the feeling that he's finally been able to tell his story. It can help him.

 

[FireDancer]

I had the chance to write one for the Millennium bomber trial but chose not to. One of the birth certificate blanks he had happened to have my SS# on it, though it wasn't with my name.

 

[Mandy_in_NC]

I was able to give one before my father's murderer was sentenced. We had already agreed to a plea bargin so we knew that it was going to be life without the possibility of parole. My whole family was given a chance to speak. I wasn't sure I was going to speak so I didn't plan anything. I got up and faced him and from there it gets a little fuzzy. I don't remember everything that I said. But I was calm and didn't cry until I was done and had set back down. I do remember telling him that not only had he ruined his life that he had ruined my family's life and he had ruined his family's life. I spoke from the heart. My mother told me later that when I got up to speak all she could think about was the woman that went after Jeffery Dahmer in court. She was afraid I was going to go after him. But that thought never went thru my mind. It has been 9 years since my father was killed. I do keep up with which prison he is currently in. Victim services is supposed to let us know when he is moved but that has not happened since he went to prison. My father was killed in a case of a work place shooting. He just happened to be in the right place at the wrong time. He was on his way into the plant when he was shot. He didn't even know this kid. I say kid but I am 33 and he is about 3 years younger then I am. I have for the most part forgiven but I will never ever forget.

 

[troubledmom]

The prosecutor and defendant may have one deal, but the judge isn't necessarily bound by that agreement. ... The victim statement might make a difference.

I think this is the most important piece of advice I have ever received on the DIS. Thank you so much for responding.

And to all those who have been through this before. My heart goes out to you.

 

[momx2]

The prosecutor and defendant may have one deal, but the judge isn't necessarily bound by that agreement. For example, Bernard Kerik was sentenced to several years in prison even though his plea agreement was for a much shorter time. The victim statement might make a difference. It can also give the victim the feeling that he's finally been able to tell his story. It can help him.

Please also know that if this does happen and the Judge sentences outside the plea agreement, the defendant (at least in my state) will be allowed to withdraw his guilty plea and go to trial or renegotiate. It doesn't always mean that the defendant just gets the sentence that the Judge gives him. Good luck!

 

[Mrs.Toad]

I have not given a victim impact statement, but listened in the courtroom to the statements given by my friend and her daughters when their husband/father was murdered.

From what they told me, it didn't necessarily make them feel "better", but they did feel it was something they had to do, and it gave them some closure.

They told about things like their last day with their husband/dad. They told about the last conversation or meal they had together. What he was like, what he liked to do, how much they loved each other. They told how it felt when he didn't get home at the expected time. How they called his cell and no one answered. How they finally heard the news and how they didn't want to believe it was true. How they couldn't sleep, eat or do pretty much anything. How their lives were still changed many months later. It was very moving. I have no idea if it affected the sentence, but it did seem to me that it had to be said. After a trial that dwelled on the crime and the scum who commited it, where the defense tried to blame the victim, it just felt like it was time to remind everyone what a great human being was lost and how that effected a wonderful family.

Of course, this is a very personal decision. If it doesn't feel right to you to do this, then don't. Don't let anyone pressure you to do it if you think it will make it harder on you.

 

[nuttylawprofessor]

Please also know that if this does happen and the Judge sentences outside the plea agreement, the defendant (at least in my state) will be allowed to withdraw his guilty plea and go to trial or renegotiate. It doesn't always mean that the defendant just gets the sentence that the Judge gives him. Good luck!

Very true. All of this is very jurisdiction and agreement specific.

 

[brockash]

I am a victim advocate and if your teenager was not too scared I would encourage him/her to do it. Is the sentence definitely one year or will the statement have any effect on the sentencing?

I think the judges (and prosecutors, defense, etc.) need to hear from the victim in order to put a person behind the crime. Sometimes I think that court personnel become too desensitized to crime and hearing from victims can help them remember that the sentence is not only impacting the defendant but the victim as well. I don't know what kind of crime it was but your child's statement may have some effect on the defendant as well.

Good luck to you and your child.

ITA! I work for our D.A's office, and the victim impact statements are so good for us to have. I think it's important to have in writing the victim's opinions, the impact the crime had on the victim and their wishes. I think it's very important for not only us to have, but also for the judge to hear and the defendant. It's a way to become an actual person to all of those involved as oppose to just becoming a case number ect. I also think it'd help bring closure to your dd.

 

[troubledmom]

I am so frustrated.

The sentencing has been postponed yet again. Another psychological study will be ordered in court next week. 6-8 weeks for the report to be completed and then the judge makes a decision on the plea bargain.

When will this nightmare end?

 

[Eeyores Butterfly]

Hopefully this will be the last delay.

 

[troubledmom]

UPDATE - 7/29/10

I chose not to face the defendant in court. Before sentencing I read the psychological report and the character letters. I knew that I would not remain calm, especially when the defendant's mother sat 2 seats away from me. The defendant was sentenced to 365 days minus time already served. We now wait for the sentence to begin.

 

[Eeyore'sthebest]

UPDATE - 7/29/10

I chose not to face the defendant in court. Before sentencing I read the psychological report and the character letters. I knew that I would not remain calm, especially when the defendant's mother sat 2 seats away from me. The defendant was sentenced to 365 days minus time already served. We now wait for the sentence to begin.

They didn't take him right away? Weird. I guess every state is different.

Hugs to you and your family. I hope you can start healing.