Featured News 2012 About the Victim Impact Statement

About the Victim Impact Statement

Victims in car crashes related to drunk driving have the express right to testify about their accident in court. This right was secured for victims of DUI crashes by Mothers Against Drunk Driving (MAAD). After they lobbied for this important ability, the activist group was able to secure that crash victims can attend a court trial for a DUI offender and make a statement. Any person who is the victim of a DUI crash, a teen drunk driving collision, an underage drinking case, or any other collision where alcohol or drugs were a factor now has the right to testify about the crash in court at the hearing in almost every state.

This right means that the victim can demonstrate before the judge and jury the seriousness of the crime, and bring closure to this painful period in his or her life. They can show that this was a personal affront and that they had to struggle because of someone else's negligent actions. In some states, those testifying victims can receive assistance from a Mothers Against Drunk Drivers advocate. These women will offer to attend a court hearing with a victim in hopes of being able to better express the gravity of the situation.

In some states, such as Washington, victims who want to testify at a DUI trial can request state courtroom accompaniment. These assistors can show witnesses how to best present their situation in court. When the crash victim wants to convict a drunk driver for his foolish mistake, assistance may be essential. Victims can talk to the prosecutor on the drunk driving case if they need backing, because the accusing party will probably be willing to help them in a variety of ways.

When victims choose to present an impact statement, they will probably be coached on how to go about it. The prosecution may help these victims to choose the most compelling speaker available, and then teach that person how to make an emotional plea for justice. The victim will focus on the impact of the crime and what it has done to his or her loved ones, rather than point a finger at an offender. This helps to keep everything fair within the court. However, when a victim talks about the emotional, financial, spiritual, and social costs of a crash it can be enough to sway a jury out of your favor as the defendant.

During a victim impact statement, the speaker will probably use emotional ploys to show how valuable the victim was, especially if that person perished in the crash. The speaker may bring pictures of the decedent or talk about humorous stories from his or her life. The victim may also choose to bring up out-of-pocket costs for restitution in this statement, so that the judge can factor those into the DUI offender's sentence. Victims are not lawyers; therefore they are not there to convince the jury one way or another. In fact, victims are often told that they should be careful about making recommendation to the judge or jury about how they should punish the offender.

Victims will normally write out their Victim Impact Statement so that they don't forget important factors to highlight. The document will be copies and given to the judge and the defense counsel. If you have been charged with a DUI and you are worried about how this victim impact statement could affect your case, remember that the victims have a right to express their losses. In addition, you lawyer has the right to do everything in his or her power to swing the case in you favor. While both the prosecution and defense battle it out, you will want to be sure that you have the best lawyer possible on your side.

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