Posts Tagged Victim Impact Statements
Being a victim of crime is a delicate balance. In the beginning, you are like a “sponge “who soaks up all of the emotions as they come in a flurry of activity. And, it’s mostly bad. You can’t see the forest for the trees. You may have a blind trust in the system based upon what others might have told you, or what you have seen on television; particularly if your family unit has walked the straight and narrow and you were “just a victim of circumstance.”
What keeps you upright and able to function depends upon many factors. Do you have an inner strength, a resilience that is already built in? Are you a good problem solver? Can you “go solo” if other family members veer off in other directions? Is your support system composed of just “fair weather friends” or are some in it for the long haul? Are you a person that typically retreats or do you reach out? Have you figured out what makes you feel better no matter what happens? Do you have the means to get away from your immediate environment for awhile if only to assimilate the drastic change that has taken place? Can you picture yourself being “therapized” by a professional counselor in a one to one relationship, or perhaps in a support group with others experiencing similar crimes?
How do you know who to trust? Who will safeguard your feelings no matter how irrational they seem? Will your best friend not judge you and place expectations if you do not “bounce back “in two weeks? Sleeping too much; Not sleeping at all; overeating, under-eating, drinking to cover the pain. All of these and more could be part of your scenario as a crime victim.
The length of time taken to “recover “and discover a new normal is highly variable. However, in general, if the intense pain and anger remains with you for several weeks to months, you need professional remediation. I can spot these victims ten miles away, their demeanor, their lack of motivation, the language they use, their poisonous view of life.” The reality is that if this is the person looking into the mirror, it is not truly “your fault.” Ahhh, but life is never fair. The “higher power” who deals the cards is to some extent, in control of destiny.
Crime Victims and Compassion
What about age and gender? The generally perceived to be true, yet unscientific observation is that males typically are the late bloomers in life, and less mature than the female gender. However, they also are acculturated to be “a man” devoid of emotion just by virtue of being male. How very unfair! So, we really have to be more patient with the male species and accept “as is” for the short term. Picking them for life partners is an entirely different story and fodder for another time.
I was recently told by a somewhat arrogant man that I was looking for the “magic pill” when trying to improve a situation. I know there is no magic pill for ANYTHING, but do new crime victims know this fresh out of the gate? No! Don’t they need something to believe in? Don’t they need a place to rest their soul and know that it will be handled with care? Yes, of course!
There is that fine line when you need to extend a hand and be ever so patient as compared to giving a bit of a shove or “kick in the ass.” I say kick in the ass with much sincerity and care. If a crime victim gives you vibes they need help and are afraid to take it, you take the risk of turning them off or calling their bluff using such a tactic. A better term would be “tough love” after evaluating their situation in a holistic manner. Regardless, you are showing you care even if they don’t realize it.
When there is a “meeting of the minds” and you can provide a valuable service in their journey, such as a customized victim impact writing service, this is a definite bright spot in their existence. You remove a great burden from their shoulders!
Key into the term “customized.” A thoughtful, personalized victim impact statement can change the outcome of sentencing hearings and pardons and parole hearings if given the opportunity “to shine.” Victim impact statements should not be written from the same old template like sausages turned out in the sausage factory! Every person is unique and should be valued as such!
See details here: http://donnagore.com/victim-impact-statement-assistance/
A grandes males, grandes remedies!
(Big Troubles Call for Big Remedies!)
According to the Gospels, when Jesus heard that John the Baptist had been killed, he withdrew by boat privately to a solitary place near Bethsaida. The crowds followed Jesus on foot. When Jesus landed and saw a large crowd, he had compassion on them and healed their sick. The disciples came to him and said, “This is a remote place, and it’s already getting late. Send the crowds away, so they can go to the villages and buy themselves some food.”
Jesus said,“But we only have five loaves of bread and two fish for them,” said the disciples. Jesus directed the people to sit down on the grass. Taking the five loaves and the two fishes and looking up to heaven, he gave thanks and broke the loaves. Jesus and the disciples gave the loaves and fishes to the people. They all ate and were satisfied, and the disciples picked up twelve basketfuls of broken pieces that were left over. Approximately five thousand men, in addition to women and children were fed that miraculous day!
What a life lesson! Miracles do occasionally happen. One such miracle is the miracle of the MAG Coalition. The heart and soul of this organization is Yuli Alonso Garza and her community in Imperial Valley, California. From the tragedy and loss of her beloved son, Martin Alberto Garza, a better quality of life away from gang culture is being fostered! The community has embraced this cause wholeheartedly for the betterment of all and much has been accomplished since that dark night of January 6, 2013 when Martin’s life was snuffed out.
The next chapter, the judicial chapter, has stalled like a sputtering engine starting and stopping, causing much frustration. However, the Garza family rises above and looks to God. They are hopeful and confident, relying on the wisdom of a higher power and faith in the criminal justice system. It is at this intersection, once a trial and eventual sentencing date is set, that a victim impact statement can be provided to the court from families like the Garzas. The statement customizes their thoughts and feelings and creates a lasting, positive, impact, painting a true picture and presence in the courtroom for who the victim truly was! (Victim Impact Assistance Service available)
Shattered Lives Radio welcomed Yuli Garza back for a special update following the initial show. Please listen to the Podcast of the original radio show for more detail about Yuli’s son, Martin, and the case at hand. The outcome has yet to be revealed. Patience is a virtue, and the Garza family is virtuous, and we are hopeful that they will be victorious.
· Introduction to our guest;
· A stellar 17 year old with a full life ahead of him and abruptly stuck down
· The importance of MEN getting involved in the lives of their children and communities
· Are gangs glamorized in Southern California?
· The Letterman Jacket program “GO BIG OR GO HOME FUN RAISER” – a model activity
· The court process and the importance of the California Gang Enhancement Statutes: “The California Step Act:”
· A new reality…
· CONTACT INFO: firstname.lastname@example.org
MAG Coalition PO BOX 1639 Brawley, California 92227
· What were some of the qualities that made Martin such a special young man?
· What were the circumstances surrounding the crime?
· How did the family cope?
· How does the highest unemployment rate impact crime in the Imperial Valley?
· What is the easiest way to acquire funds for kids?
· Is rehabilitation and prevention part of the MAG Coalition?
· What was the pilot program about concerning the Letterman Jacket program?
· What does the blue and gold colors represent?
· What kinds of community partners have joined and what has been the benefit to students?
· What is the significance of the Gang enhancement statutes to the Garza’s case?
· What does “one day at a time“ truly mean now over a year later?
· How did Yuli commemorate the first anniversary of Martin’s death and a future project?
· What is her long range goal for MAG?
A grandes males, grandes remedies! Gang culture will not be tolerated…
Typical Sample [Compliments of crimevictimservicecenter.org – Kennewick, WA]
The crime committed against me by John Doe has hurt me in so many ways that I don’t know where to begin.
My friends and co-workers have mentioned to me that my demeanor and behavior has changed at work and during social activities. I am currently experiencing flashbacks of the event and suffer from nightmares and lack of sleep. I constantly replay the day of the crime over and over in my head. I had to describe the day of the crime to the detective, then to the prosecuting attorney, then to the defense attorney, and to an investigator. Having to repeat the events of the incident over and over again was stressful and tried my patience. It became harder and harder to answer their questions or even tell my story again. I had to miss work, show up to work late, and leave work early due to the stress I was experiencing. I am in counseling because I am stressed, anxious, hypersensitive, and have suicidal thoughts. I wish this had never happened and I want it over as soon as possible, but I know my paranoia will never go away.
This crime has hurt my family too. My mother also suffers from insomnia and anxiety due to the crime. We live in a small town and everyone has heard about the crime. My father almost lost his job because he has had to attend court with me. I can’t escape the questions from friends of the family. Naturally, everyone is concerned for my family and me, but not being able to escape the incident kills me. It is just another constant reminder that John Doe committed a crime against my family and me.
I have friends telling me that they ran into John Doe and that she/he says they’re sorry. I wish she/he would stop communicating to me through our mutual friends. When I hear that people have run into her/him my heart races, I have shortness of breath, and start to feel dizzy.
I’m constantly asking God why? Why me, why my family? What did I do to deserve this?
I’m worried what John Doe might do after she/he gets out. I want her/him to get help because this isn’t the first time this crime has been committed and that she/he’d been sorry. I don’t want John Doe to hurt me or anyone else. I want to be protected from John Doe forever.
In 1987, Ladyjustice’s victim impact statement would not have won the Pulitzer Prize for journalism….But, it was from the heart. Looking back now, LJ could have crafted something different…if the emotions hadn’t gotten in the way. And that is the point. Having emotions interjected into the narrative and/or verbal presentation is a double-edged sword… On the one hand, the judge, the attorneys, the defendant and the families need to hear the emotion to understand and to validate the tremendously negative changes in their quality of life and the realities of the situation in terms of the human toll.
On the other hand, emotion can overtake the speaker, especially when in very close proximity to the defendant. As a survivor, you want your day in court. It’s your special time to relate just how devastating the entire experience has been.
Currently in Connecticut, Victim Services open approximately 13,000 new cases annually, assist 14,000 with victim impact statements and accompany over 15,000 victims to court.
In 1987, six years after the murder, Ladyjustice and her mother each took turns and related individual impact statements directly to the presiding judge. Some people choose to “challenge” the defendant to make eye contact in an attempt to “show immediate respect.” Fat chance! This blogger didn’t even bother with that request!
Rather, LJ was mentally focused on how not to relinquish power to this serial murderer; not to give in to fear of retaliation; not to feel that you must look over your shoulder the rest of your life if you say this or that for fear of triggering a response… One cannot live life in fear, no matter what has been taken away! For if you do, the perpetrator has won.
He has the power!
Internet research revealed minimal information or samples of victim impact statements for general public consumption. There are no standard templates. However, the most basic of guidelines furnished by the Crime Victim Services Center in Washington State recommend discussion of the following general topics: ‘With a couple of LJ’s suggestions thrown in…
1) How the perpetrator’s criminal behavior has effected the victim(s) physically, emotionally and financially;
2) Discuss any concerns regarding personal safety and security;
3) “Provide suggestions for a resolution that is fair, that will give the offender the opportunity to take responsibility for actions that caused loss or harm.”
[LJ- Surely you jest if you are talking about felony charges. Taking responsibility – What’s that? And…. how do you spell pre-determined plea bargain?? ]
More specifically, other factors to contemplate when composing your impact statement –
1) How have your feelings changed about life in general, your lifestyle; your ability to relate to others, your ability to cope and need for support or counseling?
2) If you have sustained physical injuries, what were they and how long did they last? Are they continuing? How have your injuries impacted your ability to perform everyday tasks and recreational activities?
The “Aftermath” Questions
What about your ability to:
1) Maintain your general health;
2) Eat, sleep, concentrate;
3) Have other ailments “appeared out of the blue?”
4) Have your relationships with family members, co-workers and “society in general” changed?
5) Are you unable to trust others now?
6) Do you feel a sense of intimacy with your significant other?
7) What changes have occurred with your employer? Are they flexible in allowing you to attend court appearances, counseling and medical appointments?
8) What is your financial status currently?
9) Are you able to be productive?
10) Do you have hope for the future?
The above list is certainly not all inclusive…but rather covers the general landscape.
A Word of Two from …..The National Center for Victims of Crime
In addition, results of the National Center for Victims of Crime’s public opinion poll also revealed that 55% of Americans feel that sentences handed down to criminals by the court are too lenient.
Perhaps this is why seven out of 10 Americans believe that it is very important for the judicial system to provide victims and their families with “…an opportunity to make a statement prior to the sentencing of the offender about how the crime has affected them.”
In essence, for the court to impose fair and just sentences, it is critical that information be provided to the sentencing and paroling authorities on the emotional, financial and physical impact of crime – information that only victims can accurately define and provide through the use of victim impact statements.
Clearly the criminal justice system is ready, as is the American public, for the permanent infusion of victim impact statements into the justice process. We must now make the use of victim impact statements functional and consistent within the criminal justice system.
Comprehensive guidelines, protocol and model victim impact statement instruments must be drafted that address the needs of both the justice system and the victim. Victims must be systematically and consistently made aware of their right to submit victim impact statements and the statement’s application within the system. To accomplish this goal, each criminal justice agency that has contact with crime victims must have comprehensive agency guidelines and protocol that outline the roles and responsibilities of each staff member in the notification, distribution, collection and application of the victim impact statements.
Making a Case for Specialized Victim Impact Statements
Approximately a year ago, this author had a “brainstorming” idea to offer a service to future victims of crime regarding the creation of individually tailored victim impact statements for the following reasons:
1) Not everyone is a wordsmith nor are they able to express their thoughts and feelings in writing (even before the crime occurred);
2) The emotional impact of the experience including recounting the events, facing the defendant and his supporters, the finality of the process; the outcome of the verdict; the absence of their loved one. can incapacitate a victim and not allow him or her to complete their presentation. [LJ- Of course there are options such as mailing letters to the judge, allowing another relative or the prosecutor to read etc…. However, it is sometimes a poor substitute and the impact may not be experienced in the same way]
3) If the victim is capable of sharing his/her private thoughts and feelings with an Advocate who is also a skilled writer, the burden is lessened. If such a writer were to create a series of questions specifically designed to elicit information to portray the deceased person in a way that honors them and is meaningful to the family… How Wonderful!
4) The possibility of a videotaped presentation or a video memorial tribute could go a long way in helping the judge to understand the enormity of their loss.
Currently no specific companies specializing in videotaped victim impact statements could be located via internet search. What a shame….
The problem.. and the beauty of this idea is that people are not “one size fits all” and therefore victim impact statements should not be mass produced as in a “sausage factory.” They are too personal…too important.
The words potentially have the power to alter sentencing!
But, who would provide the service? Who would fund it? Who would keep track of the data comparing customized statements to those that are essentially “fill in the blank essays”? Could this idea come to fruition? Why not?
Heed the advice of the National Center for Victims of Crime. Do not let victim impact statements become an afterthought!
Ladyjustice welcomes other blogger’s input concerning this idea. Until then, Thorence Brey features a series of videotaped Victim Impact Statements for your viewing interest at:
Ladyjustice – Your “Wordsmith at Work” on behalf of Crime Victims and their Survivors