Criminal laws back then were quite favorable to the defendants working with Sarasota dui attorneys not merely for the grant of presumption of innocence until otherwise proven guilty as they were also once given greater involvement in the proceedings over the victims. But at the latter part of the 20th century, states have enacted legislations intended for the protection of victims in the criminal justice process. Such statutory provision has since been known as “victim’s Bill of Rights” which is advocating better participation especially on matters relative to the appropriate punishment for the acts done by the offenders. That means to say, therefore, that they can now influence the sentencing of the criminal courts; hence, as interested as it appears, it is essential to gain awareness about the statutory rights of victims in criminal proceedings:
As already established in state and federal courts, the crime victims can reveal their sentiments and experiences at the sentencing. This impact statement is necessary in describing the agony such persons have suffered whether that is emotional, physical, financial or psychological; this, in particular, is designed to get input from aggrieved party once the guilt has already been established. However, if ever there is inability to present this kind of statement considering, for instance, the seriousness of the crime, the relatives of the victims can provide statements.
Inclusion of Statements in Presentence Reports
Many states are requiring the inclusion of victim’s impact statements in the presentence reports which contain the offender’s identity and the offense committed. In this document likewise is the recommendation of the probation officer of the appropriate sentence; nonetheless, it should be noted that not every conviction leads to presentence report. Further, it is noteworthy that the probation officer usually considers the defendant’s record and accounts from involved parties when preparing the reports in between trial and sentencing hearing.
Forms of Impact Statements
Statements from crime victims can either be oral or written, or even audio recording in some instances. It is interesting, though, that not only the victims can be allowed to speak as the judge has discretion to let others such as a family friend participate in the proceeding. Yet, the opinion about the appropriate sentence by the victims is also allowed but is not always taken into account by the court. But there are other courts, however, allowing victims to freely express opinion on the fair sentence and consider the same in deciding on the penalty. Thus, it is possible that there would be lesser sentence on the crime committed by the relative of the victim if the latter through dui attorney Sarasota requests it from the judge.
Victim’s Right is not Unrestricted
Constitutional provisions and legal procedures are not compromised by the courts to give much leeway for victims to speak up and influence the criminal justice processes. This is particularly because there has to be balance between the defendant’s rights and the rights of the victims. Hence, it logically follows that while the modification of the previous laws creates more protection or consideration for victims, it still does not affect the case outcome in some cases; it is, after all, the judge who has the final say.
These matters simply accord to the fact that it is not alone the victims’ rights or that of the defendants which are crucially needed to serve the purpose of criminal justice system, but more so, the circumstances involved in the case and the proper evaluation of the judge to lay down a just verdict.
