Mike 03
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 06:49 PM
Original message |
The Sentencing Hearing. Okay, if the Defendant has been found Guilty, should |
|
Edited on Thu Jun-04-09 06:53 PM by Mike 03
the loved ones of the victim(s) be permitted to speak to the Court prior to sentencing?
If so, why?
If not, why not?
EDIT:
And my gratitude to the depth of the legal discussion here at DU with respect to these issues I've raised.
Thank you.
|
mitchum
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 06:52 PM
Response to Original message |
1. No...and my reasoning is in your other thread |
Mike 03
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 06:53 PM
Response to Reply #1 |
2. Your comment was exactly the impetus for this thread. Thank you. NT |
|
Edited on Thu Jun-04-09 06:54 PM by Mike 03
|
EvolveOrConvolve
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 06:55 PM
Response to Original message |
|
In most states, victim impact statements at sentence hearings include the family, friends, etc. When a crime is committed, the fallout isn't limited to the actual victim - while they're not directly victims on the crime, often the family suffers a lot because of the action of the defendant. Judges are allowed to take that into account (or pretend to take that into account) when sentencing a person for a crime.
|
MnFats
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 06:58 PM
Response to Original message |
4. yes, of course. i know people who have given such testimony. |
|
it can be absolutely cathartic to the victim and families. they can feel that they count, that the system took their feelings into account.
I was in the courtroom once for something unbelievable. the defendant in a murder case - a guy was beaten to death out in the street at a house party - and the 23-perp apologized tearfully and apparently sincerely. he said the most important thing in his life now would be to have forgiveness. On the spot, they stood and gave it to him. An incredible thing. Lots of tears in that courtroom. this was two years ago and the families have become, if not friends, then bound in some spiritual way. by the way the kid got 10 years. He'll have to do seven if he stays out of trouble in th joint.
|
mitchum
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 08:16 PM
Response to Original message |
5. For those who say yes: What if the victim is estranged from loved ones? |
|
What if there are no loved ones? What if no one other than the state, who has prosecuted the case, "cares" about the victim?
I understand that personal loss and grief are very real and profound, but the approach seems to foster the idea that the loss of some lives is greater than the loss of others.
|
TahitiNut
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 08:29 PM
Response to Reply #5 |
WeDidIt
(1000+ posts)
Send PM |
Profile |
Ignore
|
Thu Jun-04-09 08:19 PM
Response to Original message |
|
Because even if there is nobody to speak for the victim, the convicted crinminal will ALWAYS have people speaking for them.
You must at least give the victim the same chance to affect the outcome that the perpetrator has.
|
DU
AdBot (1000+ posts) |
Sat May 04th 2024, 02:07 PM
Response to Original message |