Criminal Defense Lawyers

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

The Role of Victim Impact Statements in Oregon’s Sentencing Guidelines

What is a Victim Impact Statement?

A victim impact statement (VIS) is a written or oral statement presented to the court at the sentencing of the defendant. It provides an opportunity for victims, their family members, or representatives to explain to the judge how the crime has affected them physically, emotionally, and financially4.The VIS can include135:

• The emotional and psychological impact of the crime
• Physical injuries suffered and medical treatment required
• How the crime has affected the victim’s lifestyle and relationships
• Financial losses and expenses incurred due to the crime
• The victim’s feelings about the crime and the defendant
• The victim’s opinion on what the sentence should be

Victim impact statements are an important part of the criminal justice process. They ensure the victim’s voice is heard and that the full impact of the crime is considered when determining an appropriate sentence for the offender.

Victim’s Rights in Oregon

In Oregon, victims of crime have certain constitutional and statutory rights, including5:

• The right to be treated with dignity and respect
• The right to be notified of critical stages in the case
• The right to be present at court proceedings
• The right to be consulted about plea negotiations
• The right to be heard at the sentencing or disposition

Oregon law requires that victims be informed of their right to make a victim impact statement. The prosecuting attorney’s office typically provides victims with information about the VIS and a form to fill out if they choose to submit one.

When Are Victim Impact Statements Used?

In Oregon, victim impact statements may be submitted and considered at several points in a criminal case, including5:

• Pretrial release decisions
• Plea bargaining negotiations
• Sentencing hearings
• Juvenile delinquency dispositions
• Probation violation hearings
• Parole release hearings

The VIS becomes part of the offender’s permanent file and can be taken into account in future hearings and decisions related to the offender’s sentence, probation, or parole.

Submitting a Victim Impact Statement

If you choose to submit a victim impact statement, here are some tips to keep in mind135:

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• Be concise and organized. The judge will have limited time to review your statement.
• Focus on the impact of the crime, not the facts of the case. The judge will already be familiar with what happened.
• Describe specific physical, emotional, and financial effects the crime has had on you and your family. Give examples.
• Express your feelings honestly, but remain composed. Don’t use profanity or threats.
• You may give your opinion on the sentence, but understand that the judge makes the final decision based on many factors.
• If you need assistance writing your VIS, victim advocates or the prosecutor’s office can help.
• You have the right to update your VIS if your circumstances change before sentencing.
• If you don’t feel comfortable writing, you may be able to submit an audio or video recording instead.

On the day of sentencing, you will have the choice to read your statement aloud to the court, have someone else read it for you, or have it submitted in writing. If you plan to attend the sentencing, let the prosecutor’s office know in advance so they can make necessary arrangements.

The Impact of Victim Statements

Studies have shown that victim impact statements can have a profound effect on sentencing outcomes. Judges report that VIS are one of the most important factors they consider, after the facts of the case and the defendant’s criminal history5. A compelling victim impact statement can:

• Help the judge understand the true harm caused by the crime
• Put a human face on the case beyond just the legal elements
• Influence the judge to impose a harsher sentence or stricter probation conditions
• Provide grounds for a higher restitution amount
• Affect the offender’s eligibility for alternative sentencing programs
• Sway the parole board’s decision to grant or deny parole

Research has also found that the act of giving a victim impact statement can aid in the healing process for crime victims4. Many report feeling a sense of empowerment, validation, and closure after sharing their story with the court.

Limitations and Considerations

While victim impact statements play an important role, there are some limitations and issues to be aware of:

• Judges have discretion in how much weight to give VIS and must balance them with other sentencing factors2.
• Victims are not allowed to make sentencing demands or threaten the defendant in their VIS1.
• Defense attorneys may object to or try to limit victim impact information they feel is irrelevant or prejudicial.
• The use of VIS could contribute to disparities if some victims participate more than others or are more articulate in expressing their harm5.
• Some victims may find it re-traumatizing to recount the impact of the crime and face the defendant again4.

It’s important for victims to carefully consider whether submitting a victim impact statement is right for them. Victim advocates can help explain the process and discuss the potential benefits and drawbacks.

Victim Impact Statements and Oregon’s Sentencing Guidelines

Oregon uses a system of sentencing guidelines to provide a consistent framework for felony sentencing decisions. The guidelines take into account the seriousness of the crime and the offender’s criminal history to determine a presumptive sentence range. However, Oregon law allows judges to depart from the guidelines and impose a different sentence if there are “substantial and compelling reasons” to do so5. Victim impact statements can provide such a reason.If a VIS reveals harm or losses that were not captured in the initial crime seriousness ranking, the judge may use that as grounds to impose a sentence above the guideline range. Conversely, if the VIS suggests the impact was less severe than a typical case, the judge could impose a lower sentence. Additionally, Oregon’s sentencing guidelines include several “enhancement factors” that can increase the guideline sentence if present5. Some of these factors relate directly to victim impact, such as:

• Permanent injury to the victim
• Violation of public trust by the offender
• Multiple victims or incidents
• Offense against a vulnerable victim

A strong victim impact statement could help establish the presence of an enhancement factor and justify a longer sentence within or above the guideline range.

Victim Impact and Specific Crimes

The role and impact of VIS may vary depending on the type of crime involved. Here are a few examples:

Violent Crimes

In cases involving violent crimes like assault, robbery, rape, or homicide, the victim’s physical and emotional injuries are often severe and long-lasting. A VIS can be crucial in conveying the full extent of the trauma to the court. Family members of homicide victims can submit victim impact statements to give a voice to their loved one and express their own grief and suffering. In Oregon, the court must allow representatives of a deceased victim to be heard at sentencing5.

Property Crimes

For property crimes like theft, burglary, or vandalism, a VIS can highlight the financial impact on the victim, such as uninsured losses, time missed from work, and the cost of repairing or replacing damaged items. This information can affect the amount of restitution ordered.Even if the monetary value is small, the VIS can discuss the sentimental value of stolen or destroyed property and the emotional impact of the invasion of privacy that often accompanies property crimes.

Domestic Violence

Victim impact statements take on added significance in domestic violence cases, where there is often a pattern of control and coercion beyond the single incident charged. The VIS allows the victim to provide a fuller picture of the abuse and its cumulative effect. Domestic violence victims may also have specific safety concerns and requests to include in their VIS, such as no-contact orders, batterer intervention programs, or electronic monitoring of the offender5.

Sex Crimes

The victim impact in sex offense cases can be profound and far-reaching. Victims may struggle for years with shame, anxiety, trust issues, and post-traumatic stress disorder. A VIS can give them a chance to express how the abuse has altered their lives and relationships. In cases with child victims, a parent or guardian can submit a VIS on the child’s behalf to shield them from further trauma. The VIS can discuss the impact on the entire family and the challenges of supporting the child victim.

Vehicular Crimes

Drunk and drugged driving crashes often have devastating consequences for victims and their families. Victim impact statements can be a powerful tool in DUI sentencing hearings to convey the human toll behind the statistics. Statements from injured victims can describe the pain, disabilities, and medical procedures they have endured. Statements from families of deceased victims can express their grief, anger, and the empty seat at the table that can never be filled.