Victim Impact Statements
The trials of the defendants accused of killing college students Channon Christian and Christopher Newsom in Knoxville present the opportunity to examine a myriad of legal subjects and issues. Yesterday, October 28, 2009, marked the beginning of the sentencing hearing of defendant Lemaricus Davidson, who was found guilty on thirty-eight different counts including first degree murder of both Newsom and Christian. A sentencing hearing in a capital murder case is a necessary prerequisite to the jury’s decision between life in prison with the possibility of parole, life in prison without the possibility of parole, and the death penalty. Since this is a decision of paramount importance, Tennessee law basically allows the jury to hear all of the relevant information both sides want to present pertaining to appropriate punishment that does not otherwise prejudice either the prosecution or the defense. One important source of such information is the victim impact statement.
Victim impact statements are mostly known for being emotional and gut-wrenching in capital cases, because they almost always consist of someone grieving the loss of a loved one, but they also play material role in the proceedings beyond that of just informing the jury. Tennessee law defines a “victim” for purposes of giving such a statement as not only the person who suffers direct harm during the offense but also that person’s immediate family if the person harmed was a minor or homicide victim.
It is important to note, however, that the court is not merely allowing these statements to come into court because it feels sorry for the victim or the victims’ families (which would be completely understandable). Rather, the sentencing judge is compelled by T.C.A. section 40-38-202 to “solicit and consider” victim impact statements prior to sentencing an offender who has been found guilty of causing physical, emotional, or financial harm to a victim. In fact, T.C.A. section 40-38-204 requires that the department of correction notify the victims or their representatives that they have such a right where the defendant is convicted of a felony that involves one of the three types of aforementioned harm. Once a victim impact statement has been given, it becomes a part of the presentence report to be considered in sentencing and must also be considered as evidence in deciding whether mitigating or enhancement factors should apply to the defendant’s sentence.
Evidence from victim impact statements, like all evidence, will not be admitted if it is so prejudicial to one side as to outweigh its probative value. Thus, prior to admitting such evidence the court will hold a hearing outside the presence of the jury to determine if the victim impact statement is admissible and to confirm that evidence of one or more aggravating factors already exists in light of which the impact statement can be considered. The decision about whether or not to allow a victim impact statement to be given, and what such a statement may contain, rests within the discretion of the trial court. However, it should be noted that the court cannot force or otherwise compel a victim to give an impact statement.
Victim impact statements are among the most highly publicized occurrences of a trial, because they are often the most emotional. However, they also play an important practical role in the sentencing process by providing information about the victim and his or her characteristics that may not have been otherwise known. Thus, Tennessee law requires the sentencing judge to solicit and at least consider them in conducting the sentencing hearing. However, it is ultimately the judge’s decision, guided by the rules of evidence, which determines whether a statement or any part of a statement is actually admitted.
If you've been accused of a serious crime and would like to learn more about your legal rights, contact the skilled Knoxville criminal defense attorneys at Baker Associates today.
Bookmark: 
