Victim/Witness Input

The Victim/Witness Staff is able to provide assistance and advice on Victim Input

• Prosecution Liaison
• Victim Impact Statement and Preparation
• Victim Impact Code of Virginia
• Parole Input For Cases Before 1995
• Right to Remain in Courtroom

Victim Impact Statement

What is a Victim Impact Statement and how is it used?

As a crime victim, you have the right to use this Victim Impact Statement to describe how this crime affected you and others close to you. This statement allows for you to write about the physical, emotional and financial effects of this crime, as well as any other changes in you life you have experienced.

This is your one chance to tell the judge how you feel in your own words. However, we ask that you do not tell the judge how much time the defendant should receive as punishment. You may use the Victim Impact Statement Form or write it in essay form.

Filling out the Victim Impact Statement is Voluntary.

How is it Used?

This Victim Impact Statement form gives the victim or others affected by crime(s) the opportunity to express,
in writing, the impact of this (these) crime(s). This may include any economic losses, the extent of any physical or psychological injuries, and any major life changes as a result of the crime(s).

A written presentence report is prepared by a probation and parole officer to assist the judge in sentencing. This report focuses on the crime, the defendant’s background, and any criminal history. The Victim Impact Statement is also part of this presentence report.

Your statement will become an official court document after it is given to the court, and will become part of the defendant’s permanent file. The Judge, prosecutor, probation officer and defense attorney will read your Victim Impact Statement. They may even be able to ask you questions about your statement in court. The defendant will also be able to read what you have written. However, the defendant will not be able to see your address and telephone number because you are not asked to put this information on your statement.

A Victim Impact Statement may also be helpful to the judge when he or she decides what sentence the defendant should receive and/or if restitution is ordered. Restitution is money that the judge orders the defendant to pay to you, the victim. However, there is no guarantee that the defendant will be able to pay the entire amount.

No one knows better than you do how this crime may have changed your life. Those of us involved in your case believe it is very important for you to help the court understand all of the ways this crime has affected you and those close to you. Thank you for taking the time to provide us with this information.

Suggestions For Writing A Victim Impact Statement

DO:

Determine if you qualify as the “victim” in the case before writing a statement.

Use additional paper if necessary

Write or type clearly & concisely

Make statement readable in about 5 minutes.

Discuss characteristics of the life of the victim BEFORE the crime. List specific examples.

Discuss feelings DURING the crime

Discuss characteristics of the life of the victim AFTER the crime. List specific examples.

Write your statement as “awful” as it really is (don’t be bashful)

As difficult as it may be, please use the word associated with the crime. For example, if you are raped, use this word. Do not minimize what happened by merely describing the offense as an “assault”. If someone dear to you was murdered, use this word. Do not minimize what happened by describing the offense as a “death”.

Don’t:

A “VICTIM” IS

An individual who has suffered physical, psychological or economic harm as a direct result of a felony or of assault and battery, stalking, sexual battery, attempted sexual battery or driving while intoxicated;

A parent or legal guardian of such person who is a minor

A spouse, child , parent or legal guardian of such person who is physically or mentally incapacitated or was a victim of a suicide.

*A victim does not mean a parent, child, spouse or legal guardian who commits a felony or other enumerated criminal offense against a victim