Document Type
Article
Publication Date
2022
Abstract
This Article examines a timely and important issue — the use of Victim Impact Statements (VIS) in criminal trials and, more specifically, in military courts-martial. The right for victims of offenses to provide VIS has existed in the United States for approximately three decades. However, the military’s implementation of similar rights for victims has languished, with the advent of the right for a victim to provide a VIS having been implemented only within the last decade. Relying on legal precedent in the form of appellate case decisions and qualitative assessments of trial court records, this article explores the current state of the law regarding the substance of VIS to then juxtapose that with trial court records for cases where the substance of the VIS was not considered on appeal. To date, no publication has qualitatively assessed the substance of VIS provided in military courts-martial. The results of this study provide ample support for the conclusion that follow-on research is necessary in order to inform decision-making related to victim rights in the military. Additionally, the Article recommends proposed solutions to the current state of the law and practice and should further inform the debate surrounding whether VIS, from a policy perspective, should be included at the sentencing phase of trials.
Recommended Citation
Chris Cox,
How Do You Value a Victim? Victim Impact Statements in Military Sexual Assault Trials,
68
Naval L. Rev.
155
(2022).
Available at:
https://scholarship.law.campbell.edu/fac_sw/219