What is a
Victim Impact Statement and How is it Used?
As a victim of
crime, you have the opportunity to address the Court
in the form of a Victim Impact Statement. This
statement describes how the crime has affected you
and others close to you. It is a statement prepared
by you after the accused individual has pleaded
guilty or been found guilty. You can address the
physical, emotional, and financial effects of this
crime, as well as any other changes in your life you
may have experienced. Your impact statement will
help the judge understand how this crime has
affected you. If your child is the victim in the
case, you may prepare a statement on behalf of your
child.
Making a
Statement is Voluntary
You do not have
to provide a victim impact statement. However, it
may be helpful to the judge when determining what
sentence the defendant should receive and/or any
money the defendant may have to pay you for expenses
you have paid or owe because of this crime. You
should be aware that the defendant and the
defendant's attorney will have the opportunity to
review your statement. Your statement will become
part of the official record for the case and will
likely become part of the defendant's permanent
file. Those of us involved in your case encourage
you to complete a statement and believe that it is
very important for you to help the sentencing judge
understand all of the ways this crime has affected
you and those near you. No one knows better than you
do how this crime may have changed your life. Thank
you for taking the time to provide us with this
information.
Suggestions
for Completing Your Impact Statement
The following
suggestions are offered only as a guide in
completing your statement. In your own words:
-
You do not: need
to address the specific facts of the crime. The
judge will already be advised of this
information.
-
You should detail: ·the emotional impact of this crime;
the physical effects of this crime; any injuries
you may have received; and the effect of the
crime on your ability to work or do any of the
things you normally perform or enjoy.
You may also
include what you believe the defendant's sentence
should be in your case. Examples of appropriate
requests include that the defendant be ordered to
complete counseling, be incarcerated, or ordered to
have no contact with you. Although the judge will
decide the defendant's sentence, the judge may
consider your opinion before making this decision.
You can send this statement into our office and we
will provide it to the Court. You should also
include any documentation that you may have in your
possession for purposes of assisting the judge in
determining an accurate amount of restitution, if
any owed to you.
In some cases, a
judge may order a pre-sentence investigative report
to be completed by a member from the Probation
Department. This person may contact you to ask you
for your input regarding the case so that they may
provide the Court with a complete report. Our
office requests that you notify your advocate if you
send in information to the Probation Department.
This may prevent you from having to complete two
impact statements. This is another way for you to
be heard without attending the hearing. If you do
not wish to write out a statement, you have the
right to be present and speak to the judge at the
time of the sentencing hearing. **Please be advised
that the defendant will be present during the
hearing at the time when you address the Court.
Who Should
the Victim Contact at the County Attorney's Office
for Assistance?
You should
contact the victim/witness coordinator assigned to
your case at 603-642-4249. Please be sure to provide
the defendant's name in order for us to promptly
assist you. If you do not have a coordinator
assigned to your case, one can be made available to
you. Our office recommends notifying your victim/
witness coordinator of your choice on how you would
like to present your statement, either written or
verbally and whether or not you would like to attend
the hearing. The coordinator can also explain what
a pre-sentence investigative report is and what is
included in it. Additionally, your coordinator can
notify you when and how to present your statement to
the Court during a sentencing hearing, if you do
choose to attend. A coordinator is available to
accompany you and others close to you to this
hearing and can remain with you throughout the
entire hearing.
Feel free to
contact your coordinator at any time throughout the
Court process with any questions you may have.
ROCKINGHAM COUNTY
VICTIM/WITNESS COORDINATORS
Cubbi Lirette
Tara Longo
Stephanie K.
Callahan
Located at the
Rockingham County Courthouse, 10 Route 125,
Brentwood, New Hampshire 03833 or at (603) 642-4249.