Court Impact Statements Explained
At the request of the court, homeowners, victims, or witnesses can provide court impact statements. There are no hard and fast rules as to what is required for a written statement, but the statement should contain all facts and documents that you want the judge to consider in your sentencing or disposition. A written court impact statement must be provided to the defendant, and defense attorney a week prior to the sentencing or disposition hearing to ensure that there is sufficient time for the defendant and attorney to review the document and prepare for the hearing. If you do not provide advance notice of your intention to submit a court impact statement, then the judge will not typically consider the statement.
A court impact statement generally refers to a written statement prepared by victims of crimes, witnesses , and/or affected members of the public for presentation at the trial or sentencing hearing of the accused. The purpose of the statement is to show how the alleged crime affected the victim(s) both physically and emotionally. This type of evidence is often considered by the jury in handing down a verdict and is also used by the judge in deciding on a sentence to impose. These statements can address the severity of the alleged crime, the intent of the person accused, and other circumstances surrounding the offense.
Typically, the victim submits this statement through the prosecutor’s office. This is usually submitted via a document that is often referred to as a victim impact statement form. It is important to be brief and factual in your submission. An impact statement is intended to allow the victim to express how the crime committed against them has affected them or their family.
Elements of an Effective Impact Statement
While there are numerous ways to structure an impact statement, the following components are essential:
Structure: An effective impact statement will often include a short introduction which states the offense(s), describes the offender’s relationship with the victim(s), and the intent of the writing.
Emotion: Be real in your description. Regardless of whether you’re writing a statement for a child, friend or family member, there is no need to undervalue your emotions, even if your trauma is still raw. Your details should reflect the pain you are feeling.
Specificity: Be specific with regard to the changes in your life. It’s helpful to start off by listing all of the different ways the offense(s) have transformed your life. If you think you’re not being thorough in your description of the changes you have personally experienced, it likely means you still need to elaborate. If in doubt, ask the prosecutor or victims’ advocate for guidance and tips.
Impact Statement and Its Usage
Impact statements come in many forms and are used for a variety of purposes. Sentencing courts and other tribunals have long considered victim impact statements as part of the sentencing process. Other forms of impact statements are used less often and are specific to certain types of court proceedings. In criminal cases, for example, defendant impact statements are sometimes used to explain factors that may mitigate a defendant’s culpability for a crime. When contracting parties have a dispute over the amount of damages caused by a breach of contract, a loss impact statement may be required to help the fact finder understand the extent of damages. And geriatric impact statements have been admitted into evidence as part of medical malpractice litigation to demonstrate how injuries have impacted the life of an elderly plaintiff/victim.
While these examples provide only a glimpse into the diverse uses of impact statements, their common characteristic across jurisdictions is that they narrow the gulf between the parties’ divergent perceptions of the case at hand. The parties’ divergent perceptions may be the result of emotional barriers that interfere with a fair adjudication of the facts. A well-crafted impact statement can prevent the fact finder from being overwhelmed or confused by information that lacks context, and can ensure that potentially exculpatory facts are not ignored.
Impact Statement Samples for Court
The following are several examples of impact statements that have been used effectively in court proceedings.
Example 1: Breaking and Entering in a Dwelling
Your Honor, this is the second time in less than a year that the defendant has broken into the home of an elderly neighbor. Last time, the defendant stole my grandmother’s jewelry, and this time they stole my beloved cat "Mr. Fluffykins." I am devastated.
Example 2: Theft of a Motor Vehicle
Your Honor, this was my first car that I bought with my own money that I saved from after-school jobs washing dishes, etc., in high school. The defendant stole it from right outside my house where it was parked, and the police have not been able to find it. I cannot afford to buy another car and I need it to go to work.
Example 3: Domestic Violence
Your Honor, the defendant and I were involved in a long-term relationship. It had its ups and downs like most relationships, but we recently had an argument about him staying out too late when he went out with his friends. The defendant was late to come home and was extremely drunk . I expressed my frustration with him and then he started to call me names, push and shove me, and threaten violence against me. My heart was pounding faster and I thought he might actually hurt me. When he finally calmed down and fell asleep on the couch, I took his car to the police station and told them what happened. When the police officers came and arrested the defendant, I felt so relieved that I was finally safe.
Example 4: Fraud/Scam Offenses
Your Honor, I received a phone call from someone saying they represented Microsoft. They said they had detected a problem with my computer and needed me to turn it on and get on the internet so they could fix it. They were convincing and said that there was something suspicious with all my online shopping. I was scared that something was wrong with my computer so I let the defendant remotely access my computer. The defendant told me it was going to cost $200 to fix, and I paid. However, the next day I checked my bank account online and there were several fraudulent charges for $1500. I reported everything to the bank and they were able to reverse the charges, luckily. I feel so embarrassed that I fell for such a stupid scam.
Legal Form and Formatting
In the context of court proceedings, there are legal guidelines governing submission of impact statements. These guidelines cover when such a statement can be used, what information can be included, who can prepare the statement, and whether all or portions of the statement can be considered by the court in passing sentence. Impact statements can be made in relation to the criminal charges which a relevant individual or individuals are facing, or they can be made in relation to sentences that are already being served—these are referred to as post-sentence impact statements.
Impact statements must be submitted to the magistrate for approval prior to being filed with the court where the proceedings are being conducted. The magistrate will ensure that the following conditions are met: the magistrate will then apply the general rules of admissibility when considering the contents of the submitted statement. In relation to pre-sentence reports, the magistrate has to form a view on whether the contents of the document are admissible. There is no requirement that a magistrate be provided with a pre-sentence report; rather, the magistrate is required to have the material provided to him or her.
Writing Your Impact Statement
When it comes to writing an impact statement for a court proceeding, it’s essential to approach the task with a blend of emotional honesty and adherence to legal conventions. Although these statements are personal and deeply felt, the courts have certain requirements that must be met.
A clear purpose: Before putting pen to paper—or typing these words on a screen—it’s important to have a handle on what it is you want to achieve with the impact statement. It might be a simple declaration of the trauma you’ve experienced, a condemnation of the actions of the other party or a hope for the future, but understanding the purpose and direction of the statement will allow you to write effectively.
Explain how the crime or divorce impacted your life: While it’s clear that these crimes and experiences can be life-altering, having this information documented in a written statement can serve as a powerful reminder of what you’ve been through. In addition to chronicling the obvious pain and distress, you may also want to consider how the crime has altered your everyday routines and life in general , both emotionally and physically.
Focus on emotions: In addition to detailing the impact on your day-to-day life, it’s also essential to be candid about the emotions that surround these situations. For example, expressing how you might be panicked or fearful about certain situations — like a crime that may have involved an abusive partner, for instance — puts the impact of this information into perspective. Similarly, when writing an impact statement about a divorce that has left you feeling suicidal or depressed, it’s important to be direct about mental health issues you might be dealing with.
Stick to the facts: Even if the emotional fallout is obvious, there is still a need for objectivity. Facts are paramount to any matter in court and they shouldn’t be overlooked, even in an impact statement. You may have experienced physical violence or a traumatic uprooting from your home. Even circumstances that might seem small or unimportant play a role in the grand scheme of the impact of the crime or the divorce or custody matter on your life.