Criminal Defense Lawyers

What Role Do Victim Impact Statements Play in Hawaii’s Sentencing Guidelines?

Understanding Victim Impact Statements in Hawaii

In Hawaii, victim impact statements play an important role in the sentencing process for criminal cases. These statements allow victims to share how the crime has affected their lives, and to provide input on the appropriate sentence for the offender.

What is a Victim Impact Statement?

A victim impact statement is a written or oral statement made by the victim of a crime, describing the physical, emotional, and financial impact the crime has had on their life1. In Hawaii, victims have the right to submit a victim impact statement and to appear at the sentencing hearing to express their views1. The purpose of the victim impact statement is to:

1. Allow victims to participate in the criminal justice process
2. Provide information to the court about the impact of the crime
3. Give victims a voice in the sentencing decision

Victim impact statements are typically included in the pre-sentence investigation report prepared by the probation department. The judge will review this report, along with other factors, when determining the appropriate sentence.

Who Can Submit a Victim Impact Statement?

In Hawaii, the following individuals have the right to submit a victim impact statement1:

• The direct victim of the crime
• The parent or guardian of a minor victim
• The immediate family members of a homicide victim

If the victim is unable to submit a statement due to physical, mental, or emotional limitations, a representative may submit a statement on their behalf.

What Can Be Included in a Victim Impact Statement?

A victim impact statement should focus on the specific effects the crime has had on the victim’s life. This may include14:

• Physical injuries and health impacts
• Psychological and emotional trauma
• Changes in lifestyle or behaviors due to the crime
• Economic losses, such as medical bills or lost wages
• Opinions on the appropriate sentence for the offender

Victims should avoid commenting on unrelated prior acts by the defendant or making broad statements about crime in society. The statement should be factual and descriptive rather than accusatory.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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Presenting the Victim Impact Statement

In Hawaii, victims have the option to submit their impact statement in writing or to appear at the sentencing hearing and present it orally1. If appearing in person, the victim will be sworn in and may read their prepared statement. The defendant has the right to be present during this testimony but does not have the right to cross-examine the victim4. If the statement includes new factual information that the judge intends to rely on in sentencing, the defendant must be given an opportunity to respond4. Some victims may find it empowering to face the defendant in court, while others prefer the privacy of a written statement. An advocate from the prosecutor’s office can help the victim decide the best approach for their situation.

The Impact on Sentencing

Hawaii law requires judges to consider victim impact statements, along with other factors, when imposing a sentence1. These statements can provide compelling context about the real-life consequences of the crime. However, judges must weigh this subjective input against objective factors like sentencing guidelines, the defendant’s criminal history, and the circumstances of the offense. The victim’s opinion on sentencing is just one piece of the puzzle, not the sole determining factor. Studies have shown that victim impact statements can lead to harsher sentences in some cases, particularly those involving violent crimes or where the victim expresses significant emotional trauma4. Critics argue this introduces disparity based on a victim’s ability to articulate their experience persuasively. Ultimately, the judge has discretion to impose a sentence within the statutory guidelines for the offense. The victim impact statement is an important consideration, but not the only one.

Victim Resources in Hawaii

Navigating the criminal justice system can be daunting for crime victims. In Hawaii, several agencies provide support and guidance for victims throughout the process:

• The Crime Victim Compensation Commission provides financial assistance for crime-related expenses like medical bills, lost wages, and counseling3.
• Victim/Witness Assistance Programs in each county offer crisis intervention, counseling referrals, court accompaniment, and help preparing victim impact statements3.
• The Victim Notification System allows registered victims to access information about the offender’s custody and parole status3.

Victims should take advantage of these services to ensure their rights are protected and their voice is heard. With support, preparing an impact statement can be a meaningful part of the healing process.

Frequently Asked Questions

Q: Is a victim required to submit an impact statement?

A: No, submitting a victim impact statement is optional. Victims have the right to participate in this way, but it is not mandatory1. Some may choose not to out of fear, privacy concerns, or a desire to move forward.

Q: Can the defendant challenge the content of a victim impact statement?

A: Generally, no. The defendant can be present when the statement is read but does not have the right to cross-examine the victim4. However, if the statement includes new factual information that the judge relies on in sentencing, the defendant must have an opportunity to respond and potentially refute that information4.

Q: Are there any limits on what a victim can say in their impact statement?

A: While victims have significant freedom to express themselves, judges may limit statements that are clearly irrelevant, highly inflammatory, or prejudicial4. Victims should focus on the offense at hand and its direct impact rather than unrelated prior acts or broad societal commentary.

Q: Can a victim impact statement be used against the defendant in other legal proceedings?

A: Typically, no. Victim impact statements are prepared specifically for sentencing and are not admissible as evidence in a trial to determine guilt4. However, if the victim testifies to contradictory facts in another legal proceeding, the impact statement could potentially be used to impeach their credibility.

Q: What if the victim is a minor or is deceased as a result of the crime?

A: If the victim is a minor, their parent or guardian may submit a victim impact statement on their behalf1. In homicide cases, immediate family members have the right to submit statements expressing the impact of the death on the family1. Victim impact statements give crime victims a powerful voice in the sentencing process. While not the sole factor in sentencing, these statements provide valuable insight into the real-world consequences of criminal acts. For many victims, this opportunity to be heard is an important step toward healing and justice.