Victim Personal Statements: Are We Restoring a Wrong Right?
By Kevin Bendesky
Beginning in the 1960s, the Victims’ Rights Movement had profound impacts on English law. One result, Victim Personal Statements (VPS), raised the important question of whether the victim should have the chance to say how the crime affected them. A VPS happens after the adjudication of guilt, but before the sentence is determined. It is not supposed to influence the sentence, yet judges often refer to the VPS in their sentences.[1] Some studies demonstrate that the statements do not harshen penalties; but still, victims report that they sometimes hope their VPS will affect the sentence.[2] Clearly, then, the VPS is still a topic of debate. The Victims’ Movement was grounded in the common desire to “restore” the rights of crime’s many victims.[3] But what was there to “restore”? A careful retracing of the victim’s role in English history complicates this effort.
