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Outline how a victim impact statement is used when determining a sentence - VCE - SSCE Legal Studies - Question 2 - 2020 - Paper 1
Question 2
Outline how a victim impact statement is used when determining a sentence. The most popular response was that a judge or magistrate will consider a victim impact st... show full transcript
Worked Solution & Example Answer:Outline how a victim impact statement is used when determining a sentence - VCE - SSCE Legal Studies - Question 2 - 2020 - Paper 1
Step 1
Outline how a victim impact statement is used when determining a sentence.
Answer
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Understanding of Loss and Injury: A victim impact statement provides insight into the loss, damage, or injury that the victim has suffered due to the crime. This understanding can influence the severity of the sentence imposed by the judge or magistrate.
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Consideration in Sentencing: Judges take into account the details specified in the victim impact statement when handing down sentences. This may increase the penalty if the impact on the victim is substantial.
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Potential for Influencing Sentencing Outcomes: In some instances, a victim may advocate for a lighter sentence, which might influence the judge's decision if it aligns with the legal framework.
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Confusion with Other Statements: It is essential to differentiate victim impact statements from witness statements, as the former specifically addresses the victim's experience and is not used to determine guilt or innocence in court.