Victim impact statement - Term Paper Example

It can be oral, presented by the victim, or a secondary party to the crime, during the hearing process, or can be written. If presented in a written form, the victim impact statement is handed in to the Attorney’s office. The office then submits the statement to the Probation Office and it is considered as part of retrieved evidence that the office offers to a presiding judge during a hearing. The definition of a victim impact statement also includes informal letters to a judge and this is an exception from the formal approach.

It applies when the victim is not in a position to complete the formal process of presenting a written victim impact statement. The victim’s personal discomfort may lead to the need for a personal letter instead of the formal statement (Justice n.p.). Literature research The definition of victim impact statement identifies the objective communicating effects of a criminal act on the victim and other people who could have been round the crime scene. Diversified purposes that the statement serves are identifiable from the purpose.

One of the statement’s purposes is to offer the victim a chance to explain effects of the crime on their lives. Physical, emotional, and financial effects are the major types and explain the extent to which the victim’s rights were infringed by the crime and the need for justice. Crimes on a victim identify vulnerability that may persist after the crimes. The accused may also want to tamper with evidence in order to avoid punishment and this increases vulnerability to intimidation from the accused or associates.

Victim impact statement helps in resolving the vulnerability by allowing the victim to point vulnerability concerns that the court can address towards justice. The concerns may relate to granting the accused bail or protecting the victim from possible harassment. Another role that the victim impact statement serves is offering an avenue through which the victim can obtain information about his or her case. The victim needs to state in the statement such required information as the progress that the case has made.

Victim impact statement also offers victims opportunities for informing relevant authorities of needs for claims or help. The suffered losses may warrant compensation or help towards recuperation and victims can state any related needs in the statement. Victim impact statement also avails statistics for understanding trends in crimes and effects of the crimes on victims. Such information can then influence decisions and policies for crime prevention and management of effects of crimes on victims (The Crown Prosecution Service 1).

Implementation of the roles of victim impact statement follows stipulated principles for consistency with rule of law and natural justice. One of the principles governing the statement is admissibility of the effects. Losses that the victim suffers and the extent must be in such forms that the judicial system acknowledges and can incorporate in making judgment. Admissibility is subject to existing laws. Another principle that governs application of the statement is incorporation of the effects in the basis for making decisions on a case.

Judgment must however rely on other factors such as nature of the crime and the accused. Victims’ personal perspectives or those of the victims’ close associates do not however influence judicial decisions on cases (The Crown Prose