Right to be Heard

Introduction

One of the most significant rights for crime victims is the right to be heard during critical criminal justice proceedings that affect their interests. Such participation is the primary way victims play a proactive role in the criminal justice process. When a crime victim is allowed to speak at the sentencing hearing or to submit a victim impact statement regarding the impact of the offense on them and their family, the criminal justice system acknowledges the personal nature of the crime and the harm suffered.

Conferral With Prosecutor

Several jurisdictions adopted laws that require the prosecutor to obtain the victim’s views before a disposition is final, whether this involves a plea agreement, dismissal of charges, or a pretrial diversion of the defendant. A few jurisdictions require the prosecutor to certify to the court that they consulted the victim before a plea can be accepted.

Communication With the Court or Other Authority

Most jurisdictions give victims the right to be heard by the court or another authority, such as the parole board, before making major decisions. The most common stage for this during the criminal justice process is at the sentencing hearing.

Every state allows some form of victim impact information at sentencing. Most states require victim impact information to be included in the pre-sentence report and allow victim impact statements to be presented at the sentencing hearing. Generally, the law specifies that victim impact statements may be oral or written, but in several states, the statement may also be submitted by videotape, audiotape, or other electronic means.

In general, the victim, homicide survivors, or the parent or guardian of a minor victim can give victim impact statements. Many states also authorize statements by a representative or family member of a victim who is physically incapacitated; however, some limit such a representative’s statement to cases where the incapacitation was the direct result of the crime.

Victim impact information usually describes the harm the offense had on the victim, including descriptions of the financial, physical, psychological, or emotional impact, harm to familial relationships, descriptions of any medical treatments or psychological services required by the victim or the victim’s family as a result of the victimization, and the need for any restitution. State law might list the elements to be included in the statement or permit a “description of the impact of the offense.” In addition, many states allow the victim to state their opinion about the appropriate sentence.

In addition to allowing victim impact statements at sentencing, most states permit victim input at the offender’s parole hearing. To provide such input, the victim is usually required to maintain a current address on file with the parole board, the prosecutor’s office, or some identified criminal justice agency. Most states allow victims to present a written or oral statement to the parole board for consideration at the parole hearing. A few states specifically authorize the use of audio or videotaped statements at parole hearings.

Communication With the Defendant

Along with communicating with criminal justice officials, many states provide victims the right to communicate with the defendant. This may be a structured “victim-offender mediation” program, where a third party arranges a formal meeting between a victim or surviving family member and a convicted offender. Several jurisdictions also allow victims to serve on a victim impact panel to educate convicted offenders about the real-world impact of crime.