The Reactions of Prosecutors and Judges to Victim Impact Statements

Abstract

This paper details the results of two studies that document the reactions of prosecutors and judges to victim impact statements. Criminal justice officials were asked for their views on the principle of introducing victim impact statements into the criminal justice system and were questioned about their experiences with a program to prepare and distribute victim impact statements. Both studies found that most prosecutors and judges support victim impact statements in theory. Yet, when presented with victim impact statements and asked to integrate them into their established routines, a significant proportion of officials resisted in various ways. Explanations for the observed resistance are explored.

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References

Davis

R.C.

(1985). First year evaluation of the victim impact demonstration project. Unpublished report. Victim Services Agency, New York; New York.

Davis

R.C.

Henley

Smith

B.E.

(1990). Victim impact statements: Their effect on court outcomes and victim satisfaction. Final report of Victim Services Agency, New York to the National Institute of Justice.

Davis

R.C.

Kunreuther

Connick

(1984). Expanding the victim's role in the criminal court dispositional process: the results of an experiment. The Journal of Criminal Law and Criminology, 2, 491–505.

Eisenstein

Jacob

(1977). Felony justice.. Little, Brown and Company; Boston.

Erez

(1990). Victim participation in sentencing: rhetoric or reality? Journal of Criminal Justice, 18, 19–31.

Goldstein

A.S.

(1984). The victim and prosecutorial discretion: the federal victim and witness protection act of 1982. Law and Contemporary Problems, 47, 225–248.

Hillenbrand

S.W.

Smith

B.E.

(1989). Victims rights legislation; an assessment of its impact on criminal justice practitioners and victims. Report of the American Bar Association to the National Institute of Justice.

Hudson

P.S.

(1984). The crime victim and the criminal justice system: Time for a change. Pepperdine Law Review, 11, 23–00.

Kelly

D.P.

(1990). Victim participation in the criminal justice system. In Victims and the Criminal Justice System ( Lurigio

Skogan

Davis

, eds.), pp. 172–187. Sage Publications; California.

10.

Kilpatrick

D.G.

Tidwell

R.P.

Walker

Resnick

H.S.

Saunders

B.E.

Paduhovich

Lipovsky

J.A.

(1989). Victims' rights and services in South Carolina: The dream, the law, the reality. Final report of the Medical University of South Carolina to the South Carolina Public Safety Programs Office.

11.

McLeod

(1988). The Authorization and Implementation of Victim Impact Statements. National Institute of Justice; Washington D.C.

12.

Nimmer

(1978). The nature of system change: reform impact in the criminal courts. American Bar Association; Chicago.

13.

Rosett

Cressey

(1976). Justice by Consent: Plea Bargains in the American Courthouse. J.B. Lippincott Company; Philadelphia.

14.

Talbert

(1988). The relevance of victim impact statements to the criminal sentencing decision. UCLA Law Review, 36, 199–232.

15.

Villmoare

Neto

V.V.

(1987). Victim appearances at sentencing hearings under the California Victims' Bill of Rights. Executive Summary. National Institute of Justice; Washington D.C.