Full title in original language:
Communication in Sentencing: Exploring the Expressive Function of Victim Impact Statements
Education level:
University University (18+ years)Topic / subtopic:
Crime prevention and criminal justice Restorative justice Criminal justice systemTarget audience:
Students,
Teachers / Lecturers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
restricted access: requiring payment
Individual authors:
Julian V. Roberts, Edna Erez
Publication year:
2004
Published by:
International Review of Victimology
Copyright holder:
© International Review of Victimology
Contact name and address:
International Review of Victimology
Contact website:
Key themes:
cpcj, criminal justice, justice, crime, restorative justice, victim, sentencing, sentence, impact assessment
Links:
Short description:
The role of the victim in the sentencing process continues to generate controversy among scholars and practitioners across many jurisdictions. In this article the authors address some of the persistent objections to allowing victim input into sentencing. By placing the debate on victim input within its historical context, they suggest that the movement to provide victims with a voice has been derailed, as the communicative model of victim input — originally envisioned by the reform movement as its justification — was replaced by a model that stresses the impact of VIS on sentencing. They argue that much of the lingering opposition to victim input rights has been animated by this ‘impact’ model, which we argue is theoretically misconceived, empirically unsupported and at odds with major sentencing aims. They reintroduce the communicative model, which reflects the original intent and purpose of the victim reform concerning input, elaborating on its advantages for victims and offenders. They then provide two examples from the field to illustrate the therapeutic benefits of the model for both victims and offenders. They conclude with a call to reassess current theory and practice regarding victim integration in sentencing and offer some policy recommendations regarding the optimal way to integrate the voice of the victim at sentencing.