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Victim Statements: Impact Of The Crime (Essay Sample)


For this Discussion, consider the arguments for and against allowing victim statements to be heard in the courtroom prior to sentencing.


Victim Statements



Victim Statements

One argument against allowing victim statement being heard in court before sentencing is that they violate the Eighth Amendment that prohibits against cruel and unusual punishment (Dick, 2016). This is because when ruling on crime, the jury or judge should rule based on the crime committed and not on the impact of the crime on the victim. The victim statement influence the judgment such that it is based on sentiments as opposed to focusing on the facts of crime as presented in court (Richards, 1992). The other argument against the victim impact statement is based on how the victim presents him/herself. For example, in a situation where the victim gives an account of the crime but fails to give an emotional or convincing account, this could have negative consequences. For example, the jury or the court may not feel sympathy for the victims and this may affect the sentencing (Richards, 1992).

The argument in favor of victim statements i

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