Victims should have a say in sentencing of those found guilty

Nov 30, 2015 Letters

Dear Editor,
Recent commentaries on the criminal justice system moved me to share a few observations. The issues of bail while awaiting appeal, parole, or pardon after conviction should not be treated lightly.
In my view the public has a veritable right to be apprised of the reasons and conditions which attend any or all instances of the above. Incidentally in this era of transparency the sentencing guidelines should be reflective of that thrust.
Indeed no one should be surprised at the outcries (albeit muted) of crime victims or their survivors about the “unfairness” of the criminal justice system.
Where – they ask is the justice when a convict with access to high-priced lawyers can secure his sometimes unconditional pre-trial or post-conviction freedom. On the other hand, I have always maintained that some attorneys ought never to be retained even if there were no eyewitnesses to an alleged crime and the prospects for a conviction are nonexistent.
Editor about three years ago I argued for the need to introduce the victim impact statement (VIS) concept which provides the input of a victim or survivor of violent crime at sentencing of an accused. It is also a useful tool in all of those scenarios which affect post-conviction freedom.
During the 1970s VIS were introduced in the United States when the Attorney General endorsed the use of victim impact statements by stating that judges should “Provide for hearing and considering the victims’ perspective at sentencing and at any early release proceedings.” The concept was introduced in Canada in 1988 and is now an important component of the sentencing process.
None of us could gainsay the rights of an accused to a fair trial, and we have been very vocal when we accuse the police of violating those rights. But I am adamant that we are not doing enough to ensure that the victims’ rights are protected.
We cannot definitively state that we empathize with the victims of crime when we really have not provided them with the avenues to be heard apart from giving evidence as virtual complainants.
Victims and survivors need to be given the opportunity to express themselves to the court and to participate in the sentencing process.
Complaints by victims and survivors of crime that they are unaware of the status of investigations must be addressed, since as early as 1981, researchers, mental health practitioners and criminal justice professionals recognized that victims who receive information about their criminal cases and are allowed to have input into the criminal justice process have a higher degree of satisfaction with the justice process, and experience a higher degree of closure to their victimisation.
It might be a good idea to explore the possibilities of drafting legislation and policies which give crime victims a strong and active voice through the use of VIS.
In that regard, the authorities (if they are so inclined) would be required to draft comprehensive guidelines, protocols and model victim impact statement instruments to address the needs of both the justice system and the victim.
These instruments could be designed for specific audiences including police, judiciary, parole board etc. This will serve to show that we are all listening to the victims and survivors of crime, and demonstrating an awareness that crimes impact not only the direct victims, but to a greater degree our communities in general.
Patrick E. Mentore

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Victims should have a say in sentencing of those found guilty

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