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THE RIGHT TO PARTICIPATE IN COURT PROCEEDINGS RELATED TO THE OFFENSE
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1. Unless excluded as a material witness, victims have the right
to remain in the courtroom during a criminal trial or proceeding.
2. The Victim-Witness Assistance Program can provide you with a
Victim Impact Statement, to be presented to the Court before sentencing,
and assist you in its completion. Contact your local Victim-Witness
Assistance Program for a VIS and
helpful hints to assist you in filling it out.
Victim Impact Statements:
The VIS allows victims of crime to tell the court and the offender
how the crime has affected their lives. It is a written statement of
the economic, physical, and psychological impact the victim has
experienced as a result of the crime in question. It is completed
prior to the sentencing of a defendant and may provide information to
any individual or agency charged with investigating the social history
of the defendant.
A VIS may be considered by the court in determining the appropriate
sentence for the crime. A copy of the prepared statement is made
available to the defendant or counsel for the defendant at least five
days prior to the sentencing.
The VIS will be kept confidential and sealed upon entry of the
sentencing order.
While it does offer the victim a forum to discuss the effect of the
crime on his or her life, the VIS, it is important to remember that
this is not the place to express anger, use profanity, or make
specific requests regarding the defendant’s sentence. The
Victim-Witness Assistance Program can provide you with a "helpful
hints" sheet to assist you in determining what is appropriate
information to include in your statement.
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