Effects of victim impact statements on sentencing outcomes

The research paper examines the effects of Victim Impact Statements (VIS) in influencing sentencing decisions in the Canadian legal system, focusing on both punitive and restorative justice viewpoints. The research question focuses on how VIS influences court decisions and whether they strike a balance between victims' emotional needs and legal fairness. The study conducts a literature analysis that includes empirical studies, case laws, and court surveys. It also identifies policy gaps and inconsistencies that have occurred following legislative modifications to the Criminal Code in 2015. Key findings show that VIS have little impact on sentencing outcomes in majority of cases as judges see them providing expressive function rather than instrumental to legal proceedings. Even though, these statements increases victim empowerment by offering emotional closure and encouraging restorative justice, they also increase the risk of emotional prejudice and sentencing inequalities where several impact statements are provided. Further, the literature provides that VIS are more commonly submitted in serious crimes as compared to minor crimes, therefore questioning their importance to legal proceedings. Finally, it is recommended to uniformly incorporate VIS in court proceedings which can be done by resorting to longitudinal research, increased victim education, and collaboration between legislators and legal professionals. The research recommend that combining emotional aspect with judicial impartiality can improve victim participation and sentencing equity.