Transcript of a Simple Victim Impact Statement
Me: Hello, this is Kendra King with the Attorney General’s Office at Kent County. I am calling to speak to … about the … matter.
Victim: This is him/her.
Me: The purpose of this call is to gain victim impact, which is just what you want to happen to the defendant so that the judge is aware of your opinion.
Victim: I would like the max. sentence since the case has adversely affected me.
Me: How so?
Victim: I had to take time off of work because of the assault for medical treatment and I still have discomfort due to the injuries. I know that this defendant has had problems before and I think he needs to get what he deserves.
Me: What injuries did you sustain?
Victim: A ruptured disk in my back.
Me: Ok, I am just going to write some of that down for the judge if you could just hold on a moment….Since you had medical treatment you may qualify for restitution. Would you also like restitution as part of the defendant’s sentence?
Victim: Yes, how would I go about doing that? I mean I did miss a good deal of work and I have some of my medical respites here.
Me: In the criminal court I work with it has nothing to do with pain, suffering, or missed work. Unfortunately that is the civil side of the law. Rather it will cover medical cost not already covered by insurance. This will be dealt with through a separate entity, but it would be wise to start compiling the relevant medical paperwork now to expedite the process.
Victim: I can do that then.
Me: Good. So let me just read to you my notes to make sure the judge gets the correct information. You would like the max. sentence due to the adverse medical affects this case has had on your back. Also you request restitution. Is that correct?
Victim: Yes.
Me: Ok then do you have any more questions or concerns?
Victim: No
Me: Alright, if you do you can always call our office at 822-xxxx and ask to speak with our victim’s advocate.
Victim: Ok, bye.
Me: Bye. Thank you for your time and have a good day.
Transcript of a More Complicated Victim Impact Statement
Me: Hello, this is Kendra King with the Attorney General’s Office at Kent County. I am calling to speak to … about the … matter.
Victim: This is him/her.
Me: The purpose of this call is to gain victim impact, which is just what you want to happen to the defendant so that the judge is aware of your opinion.
Victim: I am not sure…(drifts off).
Me: Well, would you like to see the max. sentence?
Victim: No! Definitely not, we just had twins together and he is a great father. I would not want something like this to ruin his life. I would rather no jail time, maybe just counseling.
Me: Unfortunately due to the nature of the crime the judge will have to impose more than counseling as a sentence. According to the lawyers pre-trial conference notes the lawyers and judge are debating whether he should do time or have a suspended sentence with probation included.
Victim: I do not agree with either of those options.
Me: I realize that, but unfortunately there are certain sentencing laws that must be followed. So I am sorry to say these are the options the defendant is facing. I will note that you object, but would you be willing to elaborate more on your feelings in regards to the options of time versus a suspended sentence?
Victim: What is a suspended sentence?
Me: Between the two options it is the less harsh of the two and would fit your criteria of no jail time the best since a jail sentence is not given right away. Instead the defendant is sentenced a specific length in which he cannot misbehave. If the defendant violates this condition then the rest of his sentence will be served in jail.
Victim: This would be better since he would be out to help me with our children.
Me: I will note that. I just want to make sure you realize this could also entail him going to see a probation officer for a short amount of time each day too. Is that something you are fine with?
Victim: Yes.
Me: I also want to clarify that I cannot guarantee what we just spoke about will happen as the judge is the ultimate decision maker. What I can do is make sure that the judge is aware of our conversation. So I am just going to read my notes back to you to ensure that I am accurately reflecting what you want.
Victim: That would be good.
Me: What I wrote is that you have kids in common and you are strongly against jail time since you do not want this to “ruin his life.” If possible advise him to just counseling, but if a harsher sentence must be imposed you would prefer a suspended sentence with probation. Correct?
Victim: Yes, I also know he has to appear in court soon. Would it work to his advantage if I were there?
Me: As a victim you do have the right to attend any of his court dates, though you do not have to. I am just an intern so I am not sure how advantageous that would be for you. Would you like me to get my supervisor? I am sure she would know.
Victim: Yes I will hold.
Me: Ok just a moment then.
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