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Victim Impact Statement
The following is excerpted from A Guide Through Florida's Criminal Justice System. This free pamphlet is available by contacting your local MADD Chapter or the MADD Florida State Office.
Victim Impact Statement
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The Victim Impact Statement is written and/or oral. It allows the victim to provide information for the judge's consideration at sentencing. It allows the victim to show the pain, anguish, and financial devastation this crash has caused.
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The judge really does not know how truly affected the victim is unless the victim speaks up.
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When you give your Victim Impact Statement, you may choose to be very brief - or you may decide to talk at length. You may have other family members join you in the Victim Impact Statement.
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The Victim Impact Statement is the ONLY TIME that you will have to address the one person -- the judge -- who can decide the fate of the defendant. It is YOUR TIME -- USE IT.
Elements of a good Victim Impact Statement:
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3-5 minutes oral reading time
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No repetition of "evidence" already presented
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Highlights of who the victim was, his/her dreams and accomplishments, and what the death or injury has meant to surviving loved ones.
Some items to consider when deciding what to say:
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The physical injuries suffered (go into detail).
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The medical treatment required for the injuries (go into detail).
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The prognosis for further medical treatment (sugery, therapy, etc.).
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The psychological injuries suffered (go into detail).
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The psychological treatment required (go into detail).
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The prognosis for further psychological treatment.
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Amount of time lost from work.
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The affect on your lifestyle (having to start school all over again, giving up sports, having to be driven around by others, etc.).
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The affect on your family's lifestyle (having to quit a job in order to give you full time care, having to transport you because you are not able to drive yourself, etc.).
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Lingering pain, anxiety, anguish, and nightmares.
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Tell what it is like to get a phone call in the middle of the night, rush to the hospital and not know if your loved one will still be alive when you reach him/her.
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Tell what it is like to explain a death to younger siblings still alive, to the children left behind, or other family members.
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Show a photo album of the victim in happier family times.
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Show examples of the victim's life accomplishments, hopes and dreams; awards won, artwork produced, pictures of the things he/she enjoyed building, etc.
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Tell how you feel about the criminal justice system and how it treats people who drink and drive and then cause death and injury.
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What do you suggest regarding the sentencing of the defendant? It is good to bring up any desires you may have for this person to receive alcohol and/or drug abuse counseling and to have his right to drive taken away. In addition, you may want to consider urging jail or prison time, a heavy fine to be paid to the state, and restitution for you and your family. Showing concern for public safety, should this person be let go, is always a good idea. Showing concern for how the community will respond to this sentence, and how other drivers, particularly young people, will react to a tougher sentence, is always a good idea.
You may contact your local victim advocate or MADD Florida State Office to obtain a Victim Impact Statement booklet to help you put your thoughts and feelings on paper.
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