Victim Vices, Victim Voices, and Impact Statements: On the Place of Emotion and the Role of Restorative Justice in Capital Sentencing

Abstract

This article examines the efficacy and legitimacy of using victim impact statements (VIS) during the penalty phase of capital cases. It is argued that the emotionally laden content of VIS (particularly victim allocution) fuels vengeance, anger, and hatred, thereby undermining prospects for a fair and impartial sentence and undoing prospects for a more meaningful and restorative experience of victim justice. To examine these dynamics, several principles of “critical” restorative justice are delineated, the empirical and legal limits of VIS are identified, society's urge to punish is conceptually and speculatively explored, and this tendency is juxtaposed against the extent to which compassion and forgiveness are important dimensions of the sentencing process. The article concludes with an outline of several policy reforms, consistent with critical restorative justice practice, explaining how personal/family harm following criminal wrongdoing can significantly be attended to for victims, offenders, and the community of which both are a part.

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