United States
The first such statement in the United States was presented in 1976 in Fresno, California, although it was not passed as law in California until 1982, possibly because of Theresa Saldana's near-fatal attack that year.
In 1982, the Final Report of the President's Task Force on Victims of Crime recommended that "judges allow for, and give appropriate weight to, input at sentencing from victims of violent crime." In 1992, the United States Attorney General released 24 recommendations to strengthen the criminal justice system's treatment of crime victims. The Attorney General endorsed the use of victim impact statements and stated that judges should "provide for hearing and considering the victims' perspective at sentencing and at any early release proceedings."
In 1991, the Supreme Court of the United States held that a victim impact statement in the form of testimony was allowed during the sentencing phase of a trial in Payne v. Tennessee 501 U.S. 808 (1991). It ruled that the admission of such statements did not violate the Constitution and that the statements could be ruled as admissible in death penalty cases.
By 1997, 44 of the American states allowed the presentation of victim impact statements during its official process, although until 1991 these statements were held as inadmissible in cases where the death penalty was sought.
The law varies in different states, and while most states allow statements to be made during the sentencing phase of the trial, Indiana and Texas allow for statements to also be made after sentencing.
Read more about this topic: Victim Impact Statement
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