Victim Impact Statements at Sentencing: Judicial Experiences and Perceptions A Survey of Three Jurisdictions
Appendix A
Victim Impact Statement (VIS) Survey of Judges Overall Results (Three jurisdictions combined)
Note: totals may not add to 100% due to rounding error.
Thank you very much for responding to this brief, anonymous survey. We are interested in the views and experiences of judges with respect to the use of VIS in sentencing.
- 1. Approximately how many sentencing hearings do you conduct a month?
- Average number: 42
- 2. In approximately what % of these was a VIS submitted?
- Average percentage: 11%
- 3. Have you noticed any change in the number of VIS submitted since the 1999 amendments?
- 4% yes, a significant increase
- 26% yes, a moderate increase
- 33% yes, a slight increase
- 25% no, no change
- 2% slight decrease
- 11% cannot say/ appointed after 1999
- 4. How difficult is it to know whether the victim has been apprised of the right to submit a VIS?
- 10% Easy in all cases
- 36% Easy in most cases
- 12% Easy in some cases
- 42% Difficult in most cases
- 5. How often do you have to proceed with a sentencing hearing without knowing whether the victim has been apprised of his or her right to submit a VIS?
- 64% often
- 20% sometimes
- 8% almost never
- 4% never
- 4% other response
- 6. How often do victims express a desire to deliver their statement orally?
- -- Often
- 13% Sometimes
- 74% Very Occasionally
- 14% Never happened in my court
- 7. Have you noticed any increase since the 1999 amendments in the number of victims who want to deliver their statements orally?
- 1% yes, a significant increase
- 7% yes, a moderate increase
- 31% yes, a slight increase
- 51% no, no change
- 11% cannot say/appointed after 1999
- 7a. If there has been an increase, has this had any impact on the time to conduct the hearing?
- 33% has increased the amount of time
- 25% has had no impact on the amount of time
- 42% Not applicable
- 8. How often does the defence cross−examine victims on the content of the VIS?
- -- Often
- 3% Occasionally
- 97% Never or almost never
- 9. How often does a VIS contain the victim’s wishes regarding the sentence?
- 3% Always or almost always
- 21% Often
- 51% Sometimes
- 25% Never or almost never
- 10. In general, are VIS useful?
- 18% VIS are useful in all cases in which they are submitted
- 32% VIS are useful in most cases in which they are submitted
- 31% VIS are useful in some cases in which they are submitted
- 19% VIS are useful in just a few of the cases in which they are submitted
- 11. Are VIS useful in terms of providing information relevant to the principles of sentencing?
- 8% always or almost always
- 19% often
- 47% sometimes
- 25% Never or almost never
- 12. How often do VIS contain information relevant to sentencing that did not emerge during the trial or in the Crown’s sentencing submissions?
- 12% VIS often contain useful information unavailable from other sources
- 35% VIS sometimes contain useful information unavailable from other sources
- 32% VIS seldom contain useful information unavailable from other sources
- 21% VIS almost never contain useful information unavailable from other sources
- 13. Are there certain offences for which the VIS is a particularly useful source of information?
- 79% yes
- 21% no
- 13a. If you answered "yes", which category of offences did you have in mind?
- 14. How often do you refer to the VIS or its contents in your reasons for sentence?
- 39% Almost always
- 23% Often
- 33% Sometimes
- 5% Never or almost never
- 15. Do you ever address the victim directly in delivering oral reasons for sentence?
- 28% yes, often
- 35% yes, sometimes
- 21% only occasionally
- 16% never or almost never
- 16. How well do victims understand the proper role of the VIS at sentencing?
- 4% All or almost all victims understand the role of the VIS
- 21% Most victims understand the role of the VIS
- 37% Some victims understand the role of the VIS
- 25% Few Victims understand the role of the VIS
- 13% Other response
- 17. In your experience, how effective are VIS in increasing victim satisfaction?
- 9% Victims who submit a VIS always seem more satisfied
- 23% Victims who submit a VIS often seem more satisfied
- 37% Victims who submit a VIS sometimes seem more satisfied
- 8% Victims who submit a VIS seldom or never seem more satisfied
- 23% Other response
- 18. Please rate the following purposes of VIS in terms of their relative importance, using a scale where 1= not at all important, 10= very important.
- 7.4 To provide the court with information about the impact of the crime
- 7.9 To provide the victim with an opportunity to participate in the sentencing process
- 7.0 To provide the victim with an opportunity to communicate a message to the offender
- 7.8 To provide the offender with an idea of the harm inflicted on the victim
- 4.5 To provide the Crown with information about the seriousness of the crime
Finally, we would like to thank you for taking the time to complete this questionnaire, and invite you to add any other comments you may have with respect to the use of VIS in sentencing.
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