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24HourForums.com > The Top 10 Supported Forums > LC's Crimes & Trials > Do victim impact statments really have an impact? |
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Marie5656 Forum-Blogger© Original500© Member  Just hanging out
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The back story to this thread is this: in 1980 my 84 year old uncle was murdered in his sleep by some guy who broke into his house looking for money. My uncle was hard of hearing, and probably never even heard the guy. Anyway, I was talking with my sister in law recently, and she mentioned that last year my brother (the family contact person since my dad died) was notified that the guy was coming up for parole. Someone from the family was invited to come to the hearing if we wanted. My brother was just coming out of heart surgery, so could not have gone, but I wish I had known about it. The guy was denied parole, which is a good thing. But I am wondering..does having a representative of the victim's family really help, either at sentencing or parole. I know my dad spoke at the guy's sentencing hearing in 1981. What impact do these statements actually have on decisions made? I was just thinking that if the guy comes up again, I would like to go. If I were to go, what information should I arrive with? I know some background is that after he killed my uncle, he took off (his girlfriend ended up turning him in) for Nevada. He was arrested there for robbing a bank or a casino or something, I forget which. If I did some checking, and found that the guy had turned himself around, could I advocate for letting him out? I doubt that would have happened, from what I remember of his background. This whole thing just got me thinking about it all.
 
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Lady Cop Pioneer100© Member 
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there are two occasions for victim impact statements. one is right before a judge pronounces sentence. it's a catharsis for the victim/family of victim. but the judge has usually made up his/her mind by that time, based on pre-sentence investigation and sentencing guidelines. the second is at parole hearings. again, it is cathartic for victims or family members, but the parole board has certain criteria to allow or deny parole. such as have they done 'good time' or been a disciplinary problem. or was their crime so heinous that parole is just not going to happen? (i.e. charles manson). they are professionals, like the judge, and although they will listen to the victim and take account that the victim showed up, i honestly don't think it makes a real difference in their decision. neither they or the judge decide on emotion.
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Lady Cop Pioneer100© Member
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i am always grateful if someone acknowledges that i took the time and effort to reply. 
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Marie5656 Forum-Blogger© Original500© Member Just hanging out
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Sorry, LC, my mistake. Thanks for your response. It was definatly helpful. Figured you would know your stuff.
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CARLA Original500© Member  Aloha San Diego is Paradise.!!
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I hope victims statement have an impact on the criminals. I'm sure the likes of Charles Manson could care less about what he did.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive well preserved body, but rather to skid in sideways, chocolate in one hand, martini in the other, body thoroughly used up worn out screaming what a ride.. |
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Lady Cop Pioneer100© Member
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Marie5656 wrote: Sorry, LC, my mistake. Thanks for your response. It was definatly helpful. Figured you would know your stuff. thanks! i was thinking you may not have seen it.
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Marie5656 Forum-Blogger© Original500© Member Just hanging out
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No, I saw it. Just that as I was reading your reply, my neighbor stopped in for a visit...and I basically did not get back here to respond. To be honest, I probably would not have gone anyway if I knew about the guy's parole hearing. I do not remember where he is incarcerated, but I think it is the other side of the state. I tell you, that is one part of our family history, we wish we did not have...to have been victims of a murder. Granted, some may say the man was "just my uncle"..and we were not particularly close..but still. It is hard knowing that an innocent little old man, who never did any harm to anyone had to die in such a manner. And over nothing..he did not have great amounts of money in the house, he was far from wealthy. I mean, he lived on his social security and food stamps. It just happened that he always paid for services in cash..even if it was a large amount. I think that lead this guy to believe he had alot of it lying around somewhere. Don't mean to carry on so, but I guess this is my way of venting.
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UsedToRide Original500© Member  ^^^That is LOVE!!^^^
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Like LC says; it is cathartic for the "victim". I hate even using that word but there it is. I got to make a statement at the hearing for the drunk that hit me. So did my Dad. I looked the f*ck right in the eye as Dad was talking (he wouldn't look back at me) and when I spoke, I handed the judge the pictures from the hospital, and asked that the drunk be shown them too. That way, he would have a visual of what he caused. If it matters to you, you'll go. Parole hearing or sentencing. I think at a parole hearing it would have a bigger impact than sentencing. The judge has his mind made up at sentencing. A parole board can be swayed by the presence and statements of those affected by the crime. In my case, I didn't hope for jail time since I knew he wouldn't get any. In a parole hearing, I'd go and I'd make damn sure the board knew that it had affected me. Had the drunk gotten any significant time and I had a chance to be at his parole hearing, I'd be there. I'd know where he was, and I'd make certain I got the chance to look him in the eye again, and let him know I have his face memorized. What comes around goes around. In some way, those who get away with something will end up paying for it in another way. You can take it to the bank. Karma will exact her revenge.
Respect some, trust one, fear none ~~Bullet A hundred criminals may be set free, but one innocent man should not go to prison, for that will make the entire system criminal ~Chief Justice T.L.Venkatraman |
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cynicalninja Original500© Member  Smiling Shinobi
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CARLA wrote: I hope victims statement have an impact on the criminals. I'm sure the likes of Charles Manson could care less about what he did. Charles Manson belongs in jail certainly, but he didn't actually kill anyone himself he is guilty be association. I have seen taped interviews with him and he is obviously deluded, rambling, arrogant but also sharply intelligent and insightful. He could easily start another "family" if he is ever released which is why he shouldn't be..........ever. I have no admiration or respect for him but reogonise his natural charisma and nefarious influence, which is intoxicating.
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cynicalninja Original500© Member Smiling Shinobi
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Marie5656 wrote: The back story to this thread is this: in 1980 my 84 year old uncle was murdered in his sleep by some guy who broke into his house looking for money. My uncle was hard of hearing, and probably never even heard the guy. My only worry is that the perp is getting some thrill from re-living the event and getting a perverse pleasure from it. You voice noble sentiments which are to be applauded but if the perp is a no-hope drug addled scumbag all he will be getting from your victim statement is a perverse way of re-living the commission of that crime which many violent criminals do and take pleasure from. If the perp is younger and genuinely regrets his conduct ,victim impact statements could have more of an effect.....hopefully. I just admire the courage of people prepared to face the perp and bare their souls, that must be the most difficult thing in the world.
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24HourForums.com > The Top 10 Supported Forums > LC's Crimes & Trials > Do victim impact statments really have an impact? | ||||||||||||||||||||||||||||||||||||||||
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