A statement about the impact of the crime is a written account by the victim of an offence that details the financial loss or property damage
An statement about the effect of the wrongdoing is a composed record by the casualty of an offense that subtleties the financial loss, property harm, and close to home or substantial injury that the victim has experienced. When determining an offender’s punishment, the court must consider the statement. Victims have a voice in the justice system’s investigations because of crime impact statement. By telling the court and the criminal, in their words, how the act they committed has affected them, victims can participate in the defendant’s punishment.
How Can A Victim Impact Statement Be Written?
You might find that the accompanying contemplations can assist you as you with drafting your effect proclamation. Remember that expounding on your feelings can be difficult, so take as much time as is needed and don’t feel forced to make it happen “perfectly.” Take as many pauses as you require and treat yourself with kindness. You might find that in the years to come. Enquiries will help you as you draft your statement:
- What impact did the crime have on you and your loved ones?
- How did the crime affect you and your family emotionally?
- How did it affect both of you and your family financially?
- Regarding the case’s disposition (sentencing), do you have any suggestions for the court?
Who Can Write A Victim Impact Statement
The phrase “Victim Impact Statement” regularly gives the feeling that the main individual who can make sense of the general set of laws and what the offense has meant for them is the genuine survivor of the wrongdoing. However, this isn’t true. Depending on the situation, criminal offenses can have far-reaching effects, and other victims may also be affected.
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The most potent and transformative example that comes to me is murder. In this case, the victim is unable to articulate the impact of the offence on their lives, but their family is still able to share their sorrow and anguish. In this instance, the harm is psychological rather than bodily.
Introducing A Victim Impact Report
The victim can provide a victim impact statement at the hearing on the sentence if they choose to write one by:
- Reading it aloud in court
- Reading it outside of court or behind a screen or something else so the victim does not recognize the offender,
- Reading it aloud in court with a support person nearby,
- Presenting it in any other manner the court deems appropriate.
Using the standard victim experience statement form, the victim must compose their victim impact statement. This form is used in every province and territory. Examples of information that the victim can add to their statement are provided on the form (FORM 34.2 VICTIM IMPACT STATEMENT).
Why Compose A Statement On Victim Impact?
Writing an impact statement is not required. You have this right, but you are not required to use it. Many decide not to take part. Victim Impact Statements are useful for several reasons. These are but a handful of the causes.
- Your side of what happened is told to the judge. This normally happens for the first time. The offender is the main focus of the criminal justice system. Speaking with those impacted by the incident gives a face to a victim who is frequently overlooked.
- You can express to the judge your preferences for the sentencing process. The majority of the time, a plea deal ends a case. A suggested amount of time has frequently been agreed upon by the defence and the prosecutor. That agreement does not bind the judge. By speaking up, you can influence the length of time a criminal is sentenced. This also holds for cases that proceed to trial.
- Through the court, you have the chance to speak to the offender and the court about how the act they committed has affected you. In their victimization path, many people find this useful. It can help your emotional health to let people know how they have hurt you.
- The impact statement is included in the permanent records of the offender. It serves as a reminder to remember the hurt they inflicted upon you.
My Victim Impact Statement Is Accessible To Whom?
It’s crucial to keep in mind that a victim impact statement you submit becomes public knowledge. This implies that it might be readable by others.
The magistrate or judge will:
- Make sure that your victim’s impact testimony is admissible
- Reviewing it and deciding which sections can be read aloud in court.
- If you request it, utilize the statement as a composite of many resources to determine the appropriate punishment (sentence) for the perpetrator.
Final Words
Your Victim Impact Statement is included in the official court file at the conclusion of a court proceeding. Although the judging body may not always grant it, everybody who is part of the public or the media may request to view a court file. Without your consent, the defendant cannot retain a copy of your statement.
The media may be able to report on the judge’s remarks if they discuss your victim impact statement during the sentence session. In their news reports, newspapers and various other publications are never permitted to identify victims of sexual abuse or defendants who are children.
