It isn’t difficult to be accused of, charged with, and convicted for a crime such as assault. There are a lot of actions can be considered assault of one sort or another. The different types of assault have different sentences. No matter the crime, a myriad of factors can affect the sentence, but one of the most controversial factors is victim impact statements. These are meant to inform the judge – before sentencing – of how the plaintiff and/or their family has been affected by the alleged crime. While this may seem reasonable at first glance, a deeper look of its actual effects on the defendant show the unethical and biased side of justice.
Everyone deserves a fair and balanced trial, absent of emotional bias one way or another. It is essential that the judge and/or jury remain impartial during sentencing, but victim impact statements can influence their decision.
What is a victim impact statement?
So what exactly is it? A victim impact statement is a written or oral statement made by the plaintiff or their family members about the impact of a crime on their lives. These statements are typically provided to the court before sentencing to help the judge understand the harm caused by the crime. While victim impact statements have been seen as an important tool in the criminal justice system for giving voice to the plaintiffs and their families, they can also have negative effects on the accused.
The problem with victim impact statements
Well, there’s a few. One of the primary concerns with victim impact statements is the potential for bias and prejudice against the accused. Victim impact statements are emotional and often personal, and they may include descriptions of the plaintiff’s suffering, anger towards the accused, and calls for retribution. These statements can be powerful and persuasive, but they may also be biased and one-sided. Plaintiffs and their families may be understandably angry and upset about what has happened to them, and they may focus their statements on the harm caused to them rather than on the facts of the case or the accused’s character. This can give the impression that justice is being served based on the suffering of the plaintiff, rather than on the facts of the case.
Moreover, victim impact statements can be used to justify harsh sentences based on the perceived harm caused to the plaintiff and their family, rather than on the actual harm caused. For example, if the plaintiff in a drunk driving case is a prominent member of the community, their impact statement may carry more weight than that of a less prominent plaintiff. This can create an unfair system in which some plaintiffs are seen as more deserving of justice than others.
Over-sentencing is another concern with victim impact statements. Judges and juries are human, and they can be influenced by emotional appeals. When juries hear about the harm caused to the plaintiff and their family, they may be more likely to recommend harsher sentences on the accused, and a judge may be more likely to accept that decision. This can be problematic if the sentence is not proportional to the crime or if it is based on emotion rather than reason. Over-sentencing can lead to injustices, such as when a first-time offender receives a long sentence for a minor crime that would typically warrant a different or shorter sentence.
How can you help fight the charges against me, Drew?
Don’t worry; I’ve got your back. You deserve a fair trial, just like everyone else. If you are facing criminal charges and a victim impact statement is being presented in court, I can help you in several ways. First, I can prepare you for the impact statement and help you understand what to expect. I can also help you prepare a response to the statement, if necessary, that addresses any inaccuracies or misrepresentations that may be presented.
Additionally, I can provide information to the judge that can help balance the impact statement. This can include presenting evidence of your character, such as letters of support from family and friends, or information about your background and circumstances that led to the alleged offense. I can also challenge the admissibility of the impact statement if it contains irrelevant or inflammatory information.
I may also argue that the impact statement is overly prejudicial and should not be given undue weight in the sentencing decision. I can highlight any mitigating factors that should be taken into account, such as mental illness, addiction, or a history of abuse.
In some cases, I may negotiate a plea agreement with the prosecutor that takes the impact statement into account. This may involve agreeing to a lesser charge or sentence in exchange for the plaintiff agreeing not to present a statement.
Ultimately, my goal as your defense attorney is to ensure that you receive a fair and just outcome in your case. I will work to protect your rights and interests throughout the legal process, and will use my knowledge and experience to develop the strongest possible defense strategy. If you are facing charges, and you suspect a victim impact statement might be in your future, call me at our Annapolis or Ellicott City offices, or use our contact page.
And remember – Keep Calm, and Call Drew.
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