Victims Families Must be Silent in Court

Today the UK government hinted that it might extend a scheme which has allowed victims families to speak in court at the end of trials. The scheme has, so far, enabled the families of victims of murder or manslaughter victims to read (or have an advocate read) an impact statement to the court. In the future crimes like "Causing Death by Dangerous Driving" may well be added. Of course the victims family is important and of course they have strong feelings on what has happened. But these victim statements really do not help us, or them. At the moment, victim statements are read out before sentencing but after a guilty verdict has been returned by the jury. The first question is what's the point? Are these statements designed to:
  • Influence the judge?
  • Make the defendant face the grief s/he has caused?
  • Allow the victims' families to let off steam?
If they are designed to influence the judge then they are wholly inappropriate. The judge must act in accordance with the law for the benefit of society. Judges are human, and if they are exposed to highly emotive victim impact statements then there sentencing might be skewed in a way that is ultimately defeating for society. Sometimes the harsh option seems attractive even though a lesser option might be better suited or more successful in the overall fight against crime and bid to make the UK safer. If they are designed to make the victims face their grief then all is well and good. But the court room is not the place for this. The court must be reserved for the dispassionate consideration of evidence. Don't get me wrong, I think making criminals face their victims is a good idea and can be an important part of their rehabilitation, just not in court. It is perfectly understandable that victims' families want to face the criminal and get some of their emotion out, however the court room is not the place. Victims often receive rather too much attention from the gutter press, and seem to be encouraged to grieve publicly in order to sell newspapers. Of course they have the right to speak out, but it is wrong to encourage the idea that victims have an active role to play in the criminal justice system. They don't. Judges and politicians alike must act for the greater good, working for the long term benefit of society, not the short term demands of the under informed or emotionally involved. Above all, I suspect victim statements are introduced purely as a vote winner. They serve no purpose other than to answer criticism from many quarters that victims are forgotten and courts seem to worry more about the rights of criminals than they do about the rights of victims and their families. The sad thing is, these poor victims will have their day in court and the media will descend on them. They will ultimately learn that they can't lessen their grief or change society. They are just allowing themselves to be political tools and newspaper marketing devices. Let's put victims first and work towards a crime-free society. End these pointless gimmicks. del.icio.us tags: , , , , , , , , , , ,