Carolinemcardle
What is the law in relation to victim impact statements and their use at court during sentencing?
Victim impact statement
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replied to: Carolinemcardle
Randa
Replied to: What is the law in relation to victim impact statements and...
I have been doing a lot of research on this. There is a great article written by Mark Stevens called 'VICTIM IMPACT STATEMENTS CONSIDERED IN SENTENCING: CONSTITUTIONAL CONCERNS.
It talks about the origin which it turns out is one of the legacies of English Common Law starting around the 13th Century. During the 18th Century, American prosecution of crime evolved from a private action into a state action. It began with the theory that crime was a societal interest and concern, rather than an individual interest of the victim.
So instead of 'Victim v. Offender' it was replaced with 'State v Offender'.
49 of the 50 states have enacted legislation or state constitutional amendments which permit the readimng of a Victim Impact Statement at the sentencing phase of crimial proceedings.
I know that in Grimes County, TX Judge McCain would not allow the mother of a sexually molested child read her Victim Impact Statement. He dismissed the effect this would have on the family. You can read the article that was written in the Navasota Examiner at our website called NOOW. Just type notonourwatch.net and click on the news tab. I am one of the founders.
It talks about the origin which it turns out is one of the legacies of English Common Law starting around the 13th Century. During the 18th Century, American prosecution of crime evolved from a private action into a state action. It began with the theory that crime was a societal interest and concern, rather than an individual interest of the victim.
So instead of 'Victim v. Offender' it was replaced with 'State v Offender'.
49 of the 50 states have enacted legislation or state constitutional amendments which permit the readimng of a Victim Impact Statement at the sentencing phase of crimial proceedings.
I know that in Grimes County, TX Judge McCain would not allow the mother of a sexually molested child read her Victim Impact Statement. He dismissed the effect this would have on the family. You can read the article that was written in the Navasota Examiner at our website called NOOW. Just type notonourwatch.net and click on the news tab. I am one of the founders.