University Case Study: Victim Impact Statement and Court Decisions

This case study examines the impact of victim impact statements on sentencing in the case of State vs. Curtis [2018] WL 6336523 (Ariz. Ct. App.). The defendant was convicted of child molestation and sentenced to seventeen years of incarceration. The victim's parents provided a victim impact statement, influencing the court to order compensation for counseling costs, which the defendant appealed. The appellate court upheld the trial court's decision, emphasizing the victim's right to compensation. The analysis highlights the significant influence of victim impact statements on court decisions and sentencing outcomes, demonstrating their importance in legal proceedings. This case study offers a detailed examination of the legal principles and practical implications surrounding victim impact statements in the context of Arizona law.

Running head: VICTIM IMPACT STATEMENT
CASE STUDY
Name of the Student
Name of the University
Authors Note

1VICTIM IMPACT STATEMENT
A victim impact sentence is a written declaration or an oral declaration made in the
sense of the legal process that enables the victims of the crime to speak before or after the
accused person has been sentenced. The declaration seeks to enable the most straight affected
individual or individuals to appeal to the court in the course of the decision-making. The
Crime Victim’s Rights Act, which is a part of the United States Justice for All Act of 2004
deals with the victim impact statements in the US (Lens et al., 2015).
In the case of State vs. Curtis [2018] WL 6336523 (Ariz. Ct. App.) the crime of child
molestation has been committed by the defendant. For committing this kind of heinous crime
the court sentenced him the term of a seventeen year of incarceration. Generally, the order of
restitution at the time of sentencing is very rare. However, in this case, the victim impact
statement influenced the court to provide this kind of sentencing. The Arizona Victims’
Rights Laws deal with the victim impact statement in Arizona. Here, the victim impact
statement has been received in writing from the parents of the victim child. After receiving it
from the victim, the court has ordered for compensation, rather than maintaining jurisdiction
during the time of incarceration of the defendant at the request of the state, consequently,
future costs for counseling could be ordered for the criminal behavior of the defendant, if
only the additional cost of counseling has been claimed by the child victim. An appeal has
been made by the defendant on the ground that the trial court did not has the authority to
order compensation given for counseling costs after the sentencing date. The defendant also
argued that as per the sentencing of the court he needs to bear the counseling cost for the
entire period of his imprisonment. The appeal of the defendant has been rejected by the
appellate court on the ground that the defendant must pay compensation to the victim for the
loss suffered by her due to the criminal conduct of the defendant. Compensation generally
considered to be the constitutional rights of the victim (Spies, 2018). The appellate court also

2VICTIM IMPACT STATEMENT
upholds the decision of the trial court and confirmed the verdict and punishment. Thus, it can
be said that the victim impact statement has a great impact on sentencing.

3VICTIM IMPACT STATEMENT
Reference
Lens, K. M., Pemberton, A., Brans, K., Braeken, J., Bogaerts, S., & Lahlah, E. (2015).
Delivering a Victim Impact Statement: Emotionally effective or counter-
productive?. European Journal of Criminology, 12(1), 17-34.
Spies, A. (2018). The judicial relevance and impact of victim impact statements in the
sentencing of rape offenders. South African journal of criminal justice, 31(2), 212-
234.