At first I was almost looking forward to having a chance to address the loss of my mother. I enjoy writing and felt that it would be very easy to put a few words together...my problem is that if I put everything that I feel and the effects Mom's death has had not only on myself but on her whole family I end up with what I consider much more then I think I'm allowed. How can you sum up what your mother means to you in a few short minutes? I did call the D.A.'s office today and found that I could include a bit of Mom's autobiography so that the Judge and everyone else in the courtroom knows a bit about who Diane was. I included a portion of her autobiography in the eulogy that I gave during her funeral. You can read it yourself HERE.
Since the hearing is a 2pm in Barnstable it won't be until several hours later that I will be able to post regarding what happens. If we are given the chance tomorrow to read the victim impact statements I will also include them here. Otherwise I won't post them until after we have a chance to read them in front of the court.
The information below is from Mothers Against Drunk Driving's website - http://madd.com/victims/7068. I think it gives a good summary as to what the Victim Impact Statement is.....
A VIS is an open letter to the judge from the victim or their loved one describing the physical, financial and emotional loss caused by a drunk driving crash. It is also the only opportunity victims have to address the judge and to tell him or her the impact the crime has had on their lives.
But the two most important aspects of a VIS are that they allow victims to be heard and to take part in the criminal justice system. All too often, victims feel isolated and powerless. By being allowed to write a VIS, and in some states read it aloud in court, the victim becomes part of the process. In doing so, the victims' emotions are validated. In short, a VIS empowers victims.
All states allow the presentation of a written impact statement to the judge or to the court. And most victims find that just the act of writing a VIS is therapeutic.
While it takes immense courage and fortitude to put one's feelings on paper, writing a VIS is effective in providing victims focus and perspective on the impact the crime has had in their lives and on their grief. That clarity helps victims embrace their pain by seeing in black and white that their feelings of sorrow and anguish are appropriate and understandable.
Victims should, however, be patient in writing their statement because it can take several attempts to get the words just right. But a VIS is not about writing the perfect essay, it is about writing from the heart.
Another level of healing for victims is the opportunity to verbally express feelings of pain and loss. Many victims who are allowed to read their VIS in the courtroom feel it's cleansing and cathartic because they are able to speak out about the devastation they've experienced.
It also helps victims to give further meaning to their loved one's life because their words are potentially influencing how the offender will be punished. And regardless of the sentence, victims know that they did all that they could do to see that justice was served.
Despite the fact that victims are not allowed to directly address the offender, reading their statement in court helps to guarantee that the offender will have the opportunity to hear the tragic consequences of his or her actions. For victims, this helps take back some of the control the offender unjustly and abruptly took.
A Good Victim Impact Statement:
- Can be read in three to five minutes.
- Does not repeat evidence already presented.
- Focuses on what the crime means to the victim emotionally, physically and/or financially.
- Is simple and descriptive
- Communicates how the victim's life is different due to the crash.
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