To: Wuli
Judges are required to hear Victim impact statements [at least in New York] by statute. The law was passed , after lobbying by victims' advocates, by the Legislature. Victims are not required to make a statement or, in the alternative, submit a written statement, but they cannot be denied the opportunity to do so. My office had victims' advocates assigned to the staff to assist victims and , in the case of murder cases, survivors, with that and other issues, e.g The Victims' Compensation Board. [I was an Asst. Dist. Atty for 26 years].
Although I wasn't overly fond of it [I represented the State, not the victim], it has its benefits. Defendants are always sending the Judge "Attaboy" letters from any number of people. A victim impact statement balances that out.
67 posted on
06/20/2006 10:38:53 PM PDT by
PzLdr
("The Emperor is not as forgiving as I am" - Darth Vader)
To: PzLdr
Sorry, it should have NOTHING to do with the identification of guilt, the extent or severity of guilt or the final adjudication of justice towards the gulity. Guilt or innocence and the severity of that guilt, in law, should be related 100% to the crime, period. The feelings of the family members of the victim are irrelevant TO LAW AND LEGAL JUSTICE.
I am not denying their just feelings. They are true and they represent something that results in them from the crime. That's the whole point, its IN THEM and it's THEIR FEELINGS. The law was not intended to resolve those feelings.
From a legal standpoint, in my view, relatives of "victims" are not "the victim", in any legal sense, and inspite of the impact on their lives, our historical legal philosophy was designed to bring justice for what happened to THE ACTUAL VICTIM and not for those who a grieving over that victim.
It is a legal path that we are already feeling the adverse impact of throughout our public discourse.
71 posted on
06/21/2006 5:06:13 AM PDT by
Wuli
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