Victims, Victim Impact Statements, and the Disposition of NCR Accused

• In Event: Victim Impact Statements: Considerations and Consequences

Abstract

Many argue that a truly fair criminal justice system should not punish those who, due to a mental disorder, cannot be held accountable for their actions. Those found Not Criminally Responsible (NCR) are assessed by a Review Board, which is required to make a disposition that is least onerous and least restrictive to the accused while taking into consideration public safety. The victim(s) of an NCR accused person are largely absent from this process, which serves to diminish victims’ sense that justice has been met. In Canada, victims have recently been given the opportunity to submit Victim Impact Statements at Review Board hearings, but little is known about their influence, if any, on decisions. This paper seeks to fill that gap using a qualitative discourse analysis to explore the extent to which Victim Impact Statements are considered by Review Boards.

Authors

• Cristina Pastia, Simon Fraser University

• Simon Verdun-Jones, Simon Fraser University