Outline how a victim impact statement is used when determining a sentence - VCE - SSCE Legal Studies - Question 2 - 2020 - Paper 1

A victim impact statement is a powerful tool in the legal system used during sentencing. It provides the court with specific insights into how a crime has affected the victim and their loved ones. This document is submitted to the judge and can play a crucial role in the overall consideration of a case.

1. Understanding the Impact: The victim impact statement outlines the emotional, physical, and financial consequences of the crime on the victim. It elaborates on the pain suffered and the broader implications for their life.

2. Aggravating Factors: Judges may use the information in these statements to identify aggravating factors that could increase the severity of the sentence. It highlights the necessity for justice in response to the suffering caused.

3. Influencing Sentencing: While it is not binding, the statement can influence the judge’s perception of the crime’s severity and the appropriateness of a particular sentence reflecting the victim's experience. If the crime is deemed to have had a significant impact, judges may impose a harsher sentence on the offender.

4. Supporting Justice: Ultimately, the victim impact statement serves to ensure that the voice of the victim is heard in the judicial process, contributing to a more equitable legal outcome.