Victim Impact Statements: The Consumerist Perspective

• In Event: Victim Impact Statements: Considerations and Consequences

Abstract

Despite the now long experience with Victim Impact Statements (VIS) across the world, and the strong empirical evidence that VIS do not lead to more punitive sentencing or adverse consequences for court proceedings, there is still opposition to this form of victim participation, especially from lawyers and legal academics.
Using the lessons from consumerists movements in other areas, notably the patient's rights movement in medicine, we argue that we should lift our gaze from the narrow adversarial lens of ‘victims vs defendants’ rights to reconceptualise victim rights and VIS as part of a wider and contemporaneous consumerist movement which has radically changed the way all private and public institutions operate and understand their role.
VIS should be regarded as an illustration of the criminal justice system slowly adapting its processes and approach to become more open, responsive and citizencentric. To that extent, VIS and victim participation should be seen as a progressive development providing a vehicle to promote greater openness and accountability in the courts for victims, defendants and the wider community.

Author

• Kathy Laster, Monash University