Victim Impact Evidence at Sentencing

The recent sentencing hearings for U.S.A. Gymnastics doctor Larry Nassar showed the power of victim impact testimony. Victim after victim testified about Nassar’s abuse and the harm it has caused. Today’s post covers the appropriateness of that type of testimony in North Carolina. North Carolina law encourages victim impact testimony. The North Carolina Constitution includes a Victims’ Rights Amendment that gives victims the right “to be heard at sentencing of the accused in a manner prescribed by law . . . .” N.C. Const. Art. I, sec. 37. The implementing statute for the constitutional provision is G.S. 15A-833, which says that a victim “has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury in sentencing the defendant.” That evidence may include a description of the injuries (physical, psychological, or emotional) the victim has suffered as a result of the offense, an explanation of any economic or property loss it caused, and a request for restitution. G.S. 15A-833. Law enforcement agencies and prosecutors should make a reasonable effort to assure that each victim of a crime has a victim impact statement prepared for consideration by the court. G.S. 15A-825(9). No victim is required to offer evidence, but the court is not to draw any inference from the victim’s decision not to testify. The victim’s testimony may be offered through a representative of the district attorney’s office or a law enforcement officer, but only at the victim’s request and with the consent [...]