Professor of Law urges
Let crime victims have a say in the sentencing

By Theron Boodan

A call has been made for the introduction of a “Restorative Justice System (RJS)” which for the first time will give  victims of crime a say in the sentencing process of their offenders. Government has shown an interest, and if they do introduce such a system, it will certainly have tremendous impact on the justice system as it operates in TT today. In a recent seminar on the topic, Dr Thomas D Russell, Professor of  Law, University of Denver College of Law, delivered a lecture outlining the pros and cons of restorative justice. Within the RJS, he explained a technique known as the “Victim Impact Statements (VIS),” which allow  victims to describe to the court for sentencing purpose, how the crime affected their lives and the lives of their loved ones.  

He said that the VIS provides the court with vital information relevant to the short and long-term psychological, physical and financial effects of a crime on the victim and on others around them. “Victims can deliver the VIS orally  (by allocution), in writing, or in audiotape formats,” he suggested. ussell said that the VIS is one of the most effective means to communicate the “voice of the victim” throughout the criminal and juvenile justice system. In North America where the system is practiced, Russell noted that the Courts commonly used VIS as part of a pre-sentence investigation and at sentencing. He said: “The use of VIS is a restorative practice that can assist in holding offenders accountable for their criminal or delinquent actions, promote community safety by providing important information relevant to the decisions affecting case disposition. And involve victims in a meaningful way in what may be one of the most significant events of their lives.

VIS are appropriate not only for individual victims, but for entire neighbourhood that are detrimentally affected by chronic drug or gang activities (called ‘Community Impact State-ments’).” Among the  goals of VIS is to document information about the actual crime that may not be evident from plea agreements, dispositions, sentencing, or offenders’ correctional case files that can serve to hold offenders accountable for the actual crimes they committed. Russell recalled that many victims report that VIS increase their overall satisfaction with the entire criminal justice system and reduce their trauma when allowed to present their VIS orally or in writing.