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Who is the Victim Anyway?: The Effects of Bystander Victim Impact Statements on Mock Juror Sentencing Decisions

NCJ Number
208295
Journal
Violence and Victims Volume: 19 Issue: 3 Dated: June 2004 Pages: 357-374
Author(s)
Mila Green McGowan; Bryan Myers
Editor(s)
Roland D. Maiuro Ph.D.
Date Published
June 2004
Length
18 pages
Annotation
In analyzing to what extent a victim impact statement might interfere with a juror’s capacity to render reasoned and deliberate judgments, this study investigated the relative impact of victim impact statements by assigning participants to a no victim impact evidence control condition or one of three victim impact conditions.
Abstract
Victim impact statements (VIS) consist of information presented to the jury or judge during the sentencing phase of a criminal trial that addresses the impact the defendant’s crime has had on the victim directly or the victims’ surviving family indirectly. Even though little research has been conducted on the possible effects of victim impact statements on jury decisionmaking, the few studies conducted suggest that VIS may impact sentencing. This study examined the impact of VIS by assigning 120 participants to a no victim impact evidence control condition, or 1 of 3 victim impact conditions consisting of either a close relative of the victim, an unrelated bystander, or an unrelated bystander who routinely experienced trauma of this nature. It was hypothesized that the three victim impact conditions would yield more punitive sentencing judgments than the no victim impact control condition. The impact of VIS on the capital sentencing process was seen as an important issue that clearly merits investigation. The study also indicated that the public likely regards witnesses who have relatively distant associations with the decedent no less a victim of the tragedy. References