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Victim Impact Law and the Parole Process in the United States: Balancing Victim and Inmate Rights and Interests

NCJ Number
154505
Journal
International Review of Victimology Volume: 23 Issue: 1/2 Dated: (1994) Pages: 121-140
Author(s)
F P Bernat; W H Parsonage; J Helfgott
Date Published
1994
Length
20 pages
Annotation
This paper compares and contrasts various State laws which direct parole authorities to receive victim impact statements.
Abstract
State provisions pertaining to victim impact statements and parole are found in victim rights laws, constitutions, and parole laws; they vary in the degree to which they provide specific guidance to parole authorities in their victim impact provisions. Clear laws stating the nature, purpose, and use of victim statements are needed to balance inmates' interests in parole and victims' rights in the process. Some procedural and substantive due process issues that need to be considered include the purpose of victim statements, the type and quality of statements received, the provision of victim impact information by other parties, the manner in which victim statements are used in parole decisions, the timeliness of notice to victims, and the location for receiving oral statements. 5 tables and 37 references