Impact statement by sexual assault victim

[Deleted]

About 3 days ago, my wife asked me to read this statement by the woman who was sexually assaulted by the Stanford University swimmer. It took about 10 minutes to get through it. It was one of the most emotionally draining messages I have ever read. If you have not already read it, you need to. Here is the link

www.washingtonpost.com/news/early-lead/wp/2016/06/04/you-took-away-my-worth-a-rape-victim-delivers-powerful-message-to-a-former-stanford-swimmer/

[kchoya]

Powerful, but it should not have been allowed in to the courtroom.

[Deleted]

Why is that?? I am not a lawyer (obviously). It was read after Turner was sentenced.

[kchoya]

Jun 10, 2016 13:40:05 GMT -5 @jerrylh said:

Why is that?? I am not a lawyer (obviously). It was read after Turner was sentenced.

The judge gave the sentence after hearing from both Brock Turner and his victim.

Victim impact statements inject a massive amount of emotion into the sentencing proceedings, allowing the judge/jury to be swayed by emotional response rather than reflection on the record.

The District Attorney called the victim's statement “the most eloquent, powerful and compelling piece of victim advocacy that I’ve seen in my 20 years as a prosecutor.” Is that the basis on which we want sentences being based? Do we want a criminal sentence based on how eloquent the victim is? What if Turner raped a high school dropout that stuttered and stammered her way through a 90 second statement. Should his sentence lesser than in this case?

[Deleted]

After looking at it again, you are correct, her statement was made before the sentencing. When I got home from work, I spoke to my wife who is an Attorney (retired). She told me that she didn't know California law, but in most jurisdictions, the victims are allowed to make a statement before sentencing. Apparently, Bernie Madoff had to sit there and listen to numerous victims make statements before sentencing. Of course that wasn't in California.

[SirSaxa]

Jun 10, 2016 12:27:34 GMT -5 kchoya said:

Powerful, but it should not have been allowed in to the courtroom.

Seems that view is about 30 years out of date.


Excerpts

--------
Right to Be Heard

Introduction

One of the most significant rights for crime victims is the right to be heard during critical criminal justice proceedings that affect their interests. Such participation is the primary means by which victims play a proactive role in the criminal justice process. When a crime victim is allowed to speak at the sentencing hearing, or to submit a victim impact statement regarding the impact of the offense on the victim and the victim’s family, there is an acknowledgment by the criminal justice system of the personal nature of the crime and of the harm suffered.

--------

About Victims' Rights

GENERAL OVERVIEW

Introduction

Thirty years ago, victims had few legal rights to be informed, present, and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the defendant, they had no right to attend the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. Moreover, victim assistance programs were virtually non-existent.

Since then, there have been tremendous strides in the creation of legal rights and assistance programs for victims of crime. Today, every state, the District of Columbia, and several territories have an extensive body of basic rights and protections for victims of crime within its statutory code. Victims’ rights statutes have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems.

The core rights for victims of crime include:

The right to be treated with fairness, dignity, sensitivity, and respect;
The right to attend and be present at criminal justice proceedings;
The right to be heard in the criminal justice process, including the right to confer with the prosecutor and submit a victim impact statement at sentencing, parole, and other similar proceedings;
The right to be informed of proceedings and events in the criminal justice process, including the release or escape of the offender, legal rights and remedies, and available benefits and services, and access to records, referrals, and other information;
The right to protection from intimidation and harassment;
The right to restitution from the offender;
The right to privacy;
The right to apply for crime victim compensation;
The right to restitution from the offender;
The right to the expeditious return of personal property seized as evidence whenever possible;
The right to a speedy trial and other proceedings free from unreasonable delay;
The right to enforcement of these rights and access to other available remedies.

Victims’ Rights Constitutional Amendments

In addition to statutory victims’ rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. Including crime victims’ rights in state constitutions increases the strength, permanence, and enforceability of victims’ rights. Some state amendments include a few broadly worded rights, while others provide a long list of rights for victims. ....

---------------------

www.victimlaw.org/victimlaw/pages/victimsRight.jsp

[kchoya]

Jun 10, 2016 22:38:42 GMT -5 SirSaxa said:

Jun 10, 2016 12:27:34 GMT -5 kchoya said:

Powerful, but it should not have been allowed in to the courtroom.

Seems that view is about 30 years out of date.


Excerpts

--------
Right to Be Heard

Introduction

One of the most significant rights for crime victims is the right to be heard during critical criminal justice proceedings that affect their interests. Such participation is the primary means by which victims play a proactive role in the criminal justice process. When a crime victim is allowed to speak at the sentencing hearing, or to submit a victim impact statement regarding the impact of the offense on the victim and the victim’s family, there is an acknowledgment by the criminal justice system of the personal nature of the crime and of the harm suffered.

--------

About Victims' Rights

GENERAL OVERVIEW

Introduction

Thirty years ago, victims had few legal rights to be informed, present, and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the defendant, they had no right to attend the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. Moreover, victim assistance programs were virtually non-existent.

Since then, there have been tremendous strides in the creation of legal rights and assistance programs for victims of crime. Today, every state, the District of Columbia, and several territories have an extensive body of basic rights and protections for victims of crime within its statutory code. Victims’ rights statutes have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems.

The core rights for victims of crime include:

The right to be treated with fairness, dignity, sensitivity, and respect;
The right to attend and be present at criminal justice proceedings;
The right to be heard in the criminal justice process, including the right to confer with the prosecutor and submit a victim impact statement at sentencing, parole, and other similar proceedings;
The right to be informed of proceedings and events in the criminal justice process, including the release or escape of the offender, legal rights and remedies, and available benefits and services, and access to records, referrals, and other information;
The right to protection from intimidation and harassment;
The right to restitution from the offender;
The right to privacy;
The right to apply for crime victim compensation;
The right to restitution from the offender;
The right to the expeditious return of personal property seized as evidence whenever possible;
The right to a speedy trial and other proceedings free from unreasonable delay;
The right to enforcement of these rights and access to other available remedies.

Victims’ Rights Constitutional Amendments

In addition to statutory victims’ rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. Including crime victims’ rights in state constitutions increases the strength, permanence, and enforceability of victims’ rights. Some state amendments include a few broadly worded rights, while others provide a long list of rights for victims. ....

---------------------

www.victimlaw.org/victimlaw/pages/victimsRight.jsp

Not sure what makes it "out of date." Care to explain, other than with something from a victim rights' group?

[SSHoya]

Payne v. Tennessee, 501 U.S. 808 (1991). One may disagree with the Supreme Court over its holding but it has been constitutional for 25 years.

supreme.justia.com/cases/federal/us/501/808/case.html

Held: The Eighth Amendment erects no per se bar prohibiting a capital sentencing jury from considering "victim impact" evidence relating to the victim's personal characteristics and the emotional impact of the murder on the victim's family, or precluding a prosecutor from arguing such evidence at a capital sentencing hearing. To the extent that this Court held to the contrary in Booth and Gathers, those.cases are overruled. Pp. 501 U. S. 817-830.

[SSHoya]

Jun 10, 2016 18:15:33 GMT -5 @jerrylh said:

After looking at it again, you are correct, her statement was made before the sentencing. When I got home from work, I spoke to my wife who is an Attorney (retired). She told me that she didn't know California law, but in most jurisdictions, the victims are allowed to make a statement before sentencing. Apparently, Bernie Madoff had to sit there and listen to numerous victims make statements before sentencing. Of course that wasn't in California.

California law provides for victim impact statements and providing information pre-sentencing.

oag.ca.gov/victimservices/content/bill_of_rights

To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.

[tashoya]

I'm hoping the lawyers here can help me understand the procedural aspects in this case. With regard to the letters written by the rapist's father and his childhood friend, those are allowable in terms of consideration for sentencing?

[Deleted]

I also have another. I am being informed that there was actual sexual intercourse. However under California law Thisis not rape but sexual assault since she was not conscious. Can any of you clarify?

[kchoya]

Jun 11, 2016 7:17:55 GMT -5 SSHoya said:

Payne v. Tennessee, 501 U.S. 808 (1991). One may disagree with the Supreme Court over its holding but it has been constitutional for 25 years.

supreme.justia.com/cases/federal/us/501/808/case.html

Held: The Eighth Amendment erects no per se bar prohibiting a capital sentencing jury from considering "victim impact" evidence relating to the victim's personal characteristics and the emotional impact of the murder on the victim's family, or precluding a prosecutor from arguing such evidence at a capital sentencing hearing. To the extent that this Court held to the contrary in Booth and Gathers, those.cases are overruled. Pp. 501 U. S. 817-830.

I'm well aware of Payne (after the Court decided Booth just a few years prior). However, I fail to see why that makes my view "about 30 years out of date", as SirSaxa put it.

That's like saying those who think abortion should not be legal are out of date because of Roe. I'm not disputing the statutory and constitutional schemes that allow for victim impact statements, just disagreeing with that approach. It's not a slippery slope, but I can see some people advocating for the system they have in the UK where a victim (as I understand it) if they are dissatisfied with the sentence given to the guilty party, can appeal the decision to a review board and, if the appeal is granted, the offender is re-sentenced.

[kchoya]

Jun 11, 2016 10:15:41 GMT -5 tashoya said:

I'm hoping the lawyers here can help me understand the procedural aspects in this case. With regard to the letters written by the rapist's father and his childhood friend, those are allowable in terms of consideration for sentencing?

I'm not not barred in California, but my understanding is that under the California Rules of Court, a "statement in mitigation" (and, conversely, a "statement in aggravation") can be filed in advance of the sentencing proceeding, and those statements can include letters from those who know the person being sentenced.

[Nevada Hoya]

It doesn't seem that the victim's statement influenced the sentencing as Turner got six months and probation.

[tashoya]

Jun 11, 2016 12:17:30 GMT -5 kchoya said:

Jun 11, 2016 10:15:41 GMT -5 tashoya said:

I'm hoping the lawyers here can help me understand the procedural aspects in this case. With regard to the letters written by the rapist's father and his childhood friend, those are allowable in terms of consideration for sentencing?

I'm not not barred in California, but my understanding is that under the California Rules of Court, a "statement in mitigation" (and, conversely, a "statement in aggravation") can be filed in advance of the sentencing proceeding, and those statements can include letters from those who know the person being sentenced.

Gotcha. Thanks, kc.