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Case 1:20-cr-00330-PAE Document675 _ Filed 06/25/22 Page13 of 21 Giving victims a chance to participate in the rite of allocution has important benefits for the victim. Professor Mary Giannini observes that by delivering a victim impact statement in court, “the victim gains access to a forum that directly and individually acknowledges her victimhood. The moment of sentencing is among the most public, formalized, and ritualistic parts of a criminal case. By giving victims a clear and uninterrupted voice at this moment on par with that of defendants and prosecutors, a right to allocute signals both society's recognition of victims’ suffering and their importance to the criminal process.” Mary Margaret Giannini, Equal Rights for Equal Rites?: Victim Allocution, Defendant Allocution, and the Crime Victims Rights Act, 26 YALE L. & POL’Y REV. 431, 452 (2008); Richard A. Bierschbach, Allocution and the Purposes of Victim Participation Under the CVRA, 19 FED. SENT’G REP. 44, 46—47 (2006)). These healing effects are not unusual. One thorough assessment of the literature on victim participation explained: “The cumulative knowledge acquired from research in various jurisdictions, in countries with different legal systems, suggests that victims often benefit from participation and input. With proper safeguards, the overall experience of providing input can be positive and empowering.” Edna Erez, Whos Afraid of the Big Bad Victim? Victim Impact Statements as Victim Empowerment and Enhancement of Justice, CRIM. L. REV., July 1999, at 545, 550-51. Thus, the consensus is that victim impact statements allow the victim “to regain a sense of dignity and respect rather than feeling powerless and ashamed.” Kenna v. U.S. Dist. Court for C.D. Cal., 435 E3d 1011, 1016 (9th Cir. 2006) (quoting Jayne W. Barnard, Allocution for Victims of Economic Crimes, 77 NotTrE DaMeE L. REV. 39, 41 (2001). 13 DOJ-OGR-00010704

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Filename DOJ-OGR-00010704.jpg
File Size 638.8 KB
OCR Confidence 93.7%
Has Readable Text Yes
Text Length 1,924 characters
Indexed 2026-02-03 18:01:22.229427