[2006alum]

While I don't necessarily find that particular paragraph overly convincing, I am generally at least a little troubled by victim's impact statements - along with some other issues raised in that article.

At the least, weighing victim's impact statements in deciding sentencing would seem to lead to increased punishment for those committing crimes against well educated, articulate victims versus those who cannot write well. Along with all the other issues that vex our system, I don't think anyone really believes that people committing crimes against such less able victims should get lighter sentences.

That is certainly not the intent of having victim's impact statements, but it seems unavoidable as a result.

What's troubling about victim impact statements is that in the criminal justice system, the approach is that the accused committed a crime against the community - not just the victim. It is for this reason that the victim has no say in plea bargaining, choice in charging offenses, how to proceed at trial, and the sentence length sought if convicted. All of these choices are made not by the victim but by the state, because the crime was committed against the community and the state, and so the party that has standing to prosecute the accused is the state.

Victim impact statements potentially upset this balance because they permit the victim to influence the sentence. Imagine if a different victim said, "forgive and forget. Everyone makes mistakes and deserves a second chance." Do we really think this story would have blown up the way it has? It was only after her statement was posted on buzzfeed that this story gained traction. Yet the crime was the same, the charge was the same, and the conviction was the same.

On the other hand, as others have said, it does play an important role in restorative justice. The problem is just that our model of justice doesn't particularly accommodate that model of penology, so it's a bit of an awkward fit. But an important conversation to keep having in a criminal justice system that clearly screams out for reform.

[2006alum]

While I don't necessarily find that particular paragraph overly convincing, I am generally at least a little troubled by victim's impact statements - along with some other issues raised in that article.

At the least, weighing victim's impact statements in deciding sentencing would seem to lead to increased punishment for those committing crimes against well educated, articulate victims versus those who cannot write well. Along with all the other issues that vex our system, I don't think anyone really believes that people committing crimes against such less able victims should get lighter sentences.

That is certainly not the intent of having victim's impact statements, but it seems unavoidable as a result.

What's troubling about victim impact statements is that in the criminal justice system, the approach is that the accused committed a crime against the community - not just the victim. It is for this reason that the victim has no say in plea bargaining, choice in charging offenses, how to proceed at trial, and the sentence length sought if convicted. All of these choices are made not by the victim but by the state, because the crime was committed against the community and the state, and so the party that has standing to prosecute the accused is the state.

Victim impact statements potentially upset this balance because they permit the victim to influence the sentence. Imagine if a different victim said, "forgive and forget. Everyone makes mistakes and deserves a second chance." Do we really think this story would have blown up the way it has? It was only after her statement was posted on buzzfeed that this story gained traction. Yet the crime was the same, the charge was the same, and the conviction was the same.

On the other hand, as others have said, it does play an important role in restorative justice. The problem is just that our model of justice doesn't particularly accommodate that model of penology, so it's a bit of an awkward fit. But an important conversation to keep having in a criminal justice system that clearly screams out for reform.