Restitution, Victim Impact Statement, Testifying

RESTITUTION

Restitution can be ordered by the Court -or- through a Negotiated Plea Agreement in a case.  Restitution in a criminal justice system means payment by a suspect to the victim for the harm caused by the offender's wrongful acts.  Restitution in the criminal system can cover expenses related directly to the crime; i.e. repair or replace a door or a window, insurance deductible, medical expenses as a result of a battery, replacement of loss or damaged property.  Documentation (a bill or receipt) is required by the Court in determining the claim for restitution. 

If you suffered loss through a violent crime you  may be eligible to receive compensation through the Violent Crime Compensation Fund.  Restitution can cover any out-of-pocket losses directly relating to the crime, including:  medical expenses, therapy costs, prescription charges, counseling costs, lost wages, expenses related to participating in the criminal justice process, lost or damaged property, insurance deductibles, crime-scene clean up, or any other expense that resulted directly from the crime.

Restitution will NOT cover such thing as pain and suffering or emotional distress but only damages that are easy to prove - things for which a victim might have such as a bill or a receipt.

Courts May Order Full Or Partial Restitution...When courts order restitution, they look not only at the victim's losses but also at the offender's ability to pay.  In some states, the court may reduce the total amount of restitution ordered if the offender is unlikely to be able to pay that amount.  In other states, courts will order the offender to pay for the full amount of the loss, but then set a payment schedule based on the offender's finances, which may only be a minimal amount per month.

VICTIM IMPACT STATEMENT

The Victim Has The Right To Give A Victim Impact Statement At The Sentencing Hearing

A Victim Impact Statement can include:

  • A summary of the physical ad psychological harm or trauma the victim suffered as a result of the crime and any needed medical/dental interventions, whether one-time or ongoing.
  • A summary of the financial loss or damages the victim suffered as a result of the crime, including lost wage or ability to work and a request for restitution for any out-of-pocket expenses.
  • The victim's reaction or objections to the proposed sentence or juvenile disposition, including jail/prison time, work release privileges, community service options, treatment programs, and/or conditions of probation.
  • The statement of what outcome the victim would like and why.
  • Highlights about the victim, including past accomplishments, hopes for the future, and how the crime has impacted these activities.
  • Changes in lifestyle, such as ability to work, drive, or forced relocation.
  • The effect of sudden death on family members such as loss of hopes, dreams, love, companionship, and financial security.
  • The overall effect the incident has had on the victim and his/her family.

(A victim impact statement should not include profanity or threats to the offender or court personnel.)

Sometimes this is also requested as part of the Pre-Sentence Investigation which is a report the Court orders after an offender is found guilty of a felony charge and is completed by the Probation Department.  It is best if you are going to make a verbal statement to write down what you want to say so you can read it at the hearing.  Testifying can sometimes be very stressful and you may forget certain details you want the court to know.

Victims who are having difficulty preparing their statement should consider asking for assistance from the Prosecutor's Office, an Advocate, or a trusted person.

POINTS TO REMEMBER WHEN TESTIFYING

DRESS WELL AND BE COURTEOUS... Remember the way you dress and present yourself is a direct reflection of you.

BE ATTENTIVE... Remain alert at all times so that you can hear and understand the questions asked of you.  Make sure you understand each question then give a proper response.  If you do not understand a question, say so.  Speak clearly and loudly enough to be heard and understood.  When speaking, look at the jury.

ANSWER ALL QUESTIONS DIRECTLY... When possible, answer questions with a simple "yes" or "no".  Never volunteer extra information.

CONTROL YOUR TEMPER... You are at the mercy of the cross-examiner if you lose your temper.  Holding your temper, no matter how hard, will make your testimony much more valuable.