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Victim Impact Statement

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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

  • 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. 
  • The judge really does not know how truly affected the victim is unless the victim speaks up.
  • 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.
  • 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:

  • 3-5 minutes oral reading time  
  • No repetition of "evidence" already presented 
  •  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:

  • The physical injuries suffered (go into detail).  
  • The medical treatment required for the injuries (go into detail).  
  • The prognosis for further medical treatment (sugery, therapy, etc.).  
  • The psychological injuries suffered (go into detail).  
  • The psychological treatment required (go into detail).  
  • The prognosis for further psychological treatment.  
  • Amount of time lost from work.  
  • The affect on your lifestyle (having to start school all over again, giving up sports, having to be driven around by others, etc.).  
  • 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.).  
  • Lingering pain, anxiety, anguish, and nightmares.  
  • 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.  
  • Tell what it is like to explain a death to younger siblings still alive, to the children left behind, or other family members.  
  • Show a photo album of the victim in happier family times.  
  • Show examples of the victim's life accomplishments, hopes and dreams; awards won, artwork produced, pictures of the things he/she enjoyed building, etc.  
  • Tell how you feel about the criminal justice system and how it treats people who drink and drive and then cause death and injury.  
  • 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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