Victim Witness
Victim Impact Statements
If a defendant pleads guilty or is convicted, victims have the opportunity to submit a Victim Impact Statement, in which they may explain the physical, emotional, and financial effects of the crime. Victim Impact Statements are submitted to the Court and may be used to help the Court decide what sentence the defendant should receive and whether restitution should be ordered.
Federal Rule 32 Victim Impact Statement
32(i)(4)(B):
provides that before imposing sentence in a crime of violence or sexual abuse, the court must "address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement or present any information in relation to the sentence".
32(a)(2):
defines "victim" as "any individual against whom an offense has been committed for which a sentence is to be imposed." provides that right to speak at sentencing may be exercised by the victim or (A) by parent or legal guardian if victim is under 18 or is incompetent; or (B) by one or more family members or relatives designated by the court if the victim is deceased or incapacitated.
32(a)(1)(A) or (a)(1)(B):
defines "crime of violence or sexual abuse" to be one that "involved the use or attempted or threatened use of physical force against the person or property of another, or a [sexual abuse] crime."
