SOUNDS OF SILENCE: A THEMATIC ANALYSIS OF VICTIM IMPACT STATEMENTS.

Tali Gal, Rutby Lowenstein Lazar

Research output: Contribution to journalArticle

Abstract

The Victim Impact Statement (VIS) is a legal document that crime victims submit to tbe court as part of tbe sentencing stage, informing the court about the harms tbey have suffered. Tbe VIS enhances victims' sense of procedural justice, voice, and inclusion in tbe process, as well as their overall wellbeing. At the same time, their use raises concern about defendants' due process rights. The Article argues tbat VISs make a novel contribution to the criminal proceeding, beyond tbeirformal goals of providing information to tbe court about tbe impact of the crime on its victims. Using a thematic analysis of 25 VISs tbat were submitted to Israeli criminal courts by victims of sexual, physical, and property offenses, as well as by relatives of homicide victims, tbe Article identifes Jour types of functions tbat VISs play for tbe victims who submit tbem. Tbe VISs we analyzed were used to portray tbe ojfense as a life-changing event; to describe the bardsbips of tbe criminal justice process; to transform tbe victim into "more tban just a name"; and to deliver a message or request. By bringing this content to tbe courtroom, the statements expanded the legal discourse and created an integrated therapeutic-legal discourse, which was accepted and formally acknowledged by tbe justice system. Tbe openness of the legal system to accept and acknowledge exogenous content tbat is not required by law, even if indirectly, suggests a need to rethink tbe social function of the court for victims and communities. It is possible tbat tbe courts may be more inclusive of and more attentive to non-legal narratives, emotional expression, and interpersonal connectedness tban is generally believed.
Original languageEnglish
Pages (from-to)147-195
Number of pages49
JournalLewis & Clark Law Review
Volume27
Issue number1
StatePublished - 1 Apr 2023

Keywords

  • VICTIM impact statements
  • PROCEDURAL justice
  • CRIMINAL justice system
  • CIVIL rights
  • HOMICIDE

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