Abstract
Purpose
Legal scholars have criticized the introduction of victim impact statement (VIS) delivery in criminal proceedings due to their potential of biasing legal decisions about guilt and sentencing. The purpose of this study was to review studies which tested the validity of this criticism.
Methods
Twenty-one databases were systematically searched to identify relevant studies. Studies were included in the review if they investigated the association between VIS delivery and legal decisions about guilt and/or sentencing and tested the significance of this association, either directly or indirectly through mediation or moderation by third factors. Data were synthesized in a narrative way using a predetermined procedure.
Results
Thirty-six studies were included in the review: thirty-one experimental studies and five criminal case file studies. Overall, these studies indicate that it is currently too early to draw any definite conclusions about the systematic impact of VIS delivery on these types of legal decisions and the mediating or moderating role of third factors. For example, the majority of the reviewed studies focused on the impact of VIS delivery on sentencing recommendations in American death penalty cases and therefore lack generalizability.
Conclusions
More research is necessary to gain a more thorough understanding of the impact of VIS delivery on legal decision making in criminal proceedings.
Legal scholars have criticized the introduction of victim impact statement (VIS) delivery in criminal proceedings due to their potential of biasing legal decisions about guilt and sentencing. The purpose of this study was to review studies which tested the validity of this criticism.
Methods
Twenty-one databases were systematically searched to identify relevant studies. Studies were included in the review if they investigated the association between VIS delivery and legal decisions about guilt and/or sentencing and tested the significance of this association, either directly or indirectly through mediation or moderation by third factors. Data were synthesized in a narrative way using a predetermined procedure.
Results
Thirty-six studies were included in the review: thirty-one experimental studies and five criminal case file studies. Overall, these studies indicate that it is currently too early to draw any definite conclusions about the systematic impact of VIS delivery on these types of legal decisions and the mediating or moderating role of third factors. For example, the majority of the reviewed studies focused on the impact of VIS delivery on sentencing recommendations in American death penalty cases and therefore lack generalizability.
Conclusions
More research is necessary to gain a more thorough understanding of the impact of VIS delivery on legal decision making in criminal proceedings.
| Original language | English |
|---|---|
| Article number | 101512 |
| Pages (from-to) | 1-19 |
| Number of pages | 19 |
| Journal | Aggression and Violent Behavior |
| Volume | 56 |
| Early online date | 17 Oct 2020 |
| DOIs | |
| Publication status | Published - Feb 2021 |
| Externally published | Yes |
Funding
The authors thank Miss. Britte Doensen for her assistance with the completion of the reference list and Leiden University's Law School for its financial assistance with the data collection.
| Funders | Funder number |
|---|---|
| Leiden University's Law School |