Victim Services

All 50 States Now Allow Victims to Be Heard

One of the most effective tools victims have in the fight against crime is the 'victim impact
statement' used at the time of sentencing of defendants, and in many states, at parole
hearings.

All 50 states now allow some form of victim impact information at sentencing. Most states allow
either oral or written statements, or both, from the victim at the sentencing hearing, and require
victim impact information to be included in the pre-sentence report, given to the judge prior to
imposing sentence.

In a majority of states, victim impact statements are also allowed at parole hearings, while in
other states a copy of the original statement is attached to the offender's file to be reviewed by
the parole board. Some states allow these statements to be updated by the victims, to include
any additional impact the original crime has had on their lives.

In a few states, victim impact statements are even allowed at bail hearings, pretrial release
hearings, and even plea bargain hearings.

For most victims of crime, these statements provide them an opportunity to focus the court's
attention on the human cost of the crime and allow the victims to become a part of the criminal
justice process. More than 80 percent of crime victims who have given such statements
consider them to be a very important part of the process, according to a survey by the National
Center for Victims of Crime.

In some states, but not all, the law allowing victim impact statements specifically require the
judge (or parole board) to consider the statements in making a decision. In those states, the
victim statements indeed have more impact on the judicial process and outcome.

Typically, a victim impact statement will contain the following:

The physical, financial, psychological or emotional impact of the crime.
The harm done to family relationship by the crime, such as the loss of a parent or
caregiver.
Descriptions of medical treatment or psychological services required by the victim as a
result of the crime.
The need for restitution.
The victim's opinion of an appropriate sentence for the offender.

Laws regarding victim impact statements vary from state to state. To find out the law in your
state, contact the local prosecutor's office, the state Attorney General's office, or a local law
library.

One of the most important
statements for victims in this
century is:

Victims of crime, as defined by
law, shall have the right to be
treated with fairness, dignity
and respect throughout the
criminal justice process

This site is dedicated to the memory of our daughter,
Kelly Nicole Eckart

(1)The right to respect
Victims of crime, as defined by law, shall have the right to be treated with
fairness, dignity and respect throughout the criminal justice process.

(2)The right to be present
Victims of crime, as defined by law, shall have the right to to be informed of
and present during public hearings.

(3)The right to be heard
Victims of crime, as defined by law, shall have the right to confer with the
prosecution.

Victims of crime, as defined by law, shall have the right to be treated with
fairness, dignity and respect throughout the criminal justice process; and,
as defined by law, to be informed of and present during public hearings
and to confer with the prosecution, to the extent that exercising these
rights does not infringe upon the constitutional rights of the accused.