What is an Impact Statement?
Many times in a legal proceeding, following the presentation of the facts of the case, there is an opportunity for the victims or those who have been injured to address the court. This is typically referred to as an impact statement. The impact statement provides an opportunity for those affected by the matter to set forth their account about how the specific situation has impacted their lives. While writing an impact statement may not seem like a grand undertaking, it can have huge implications on both the legal proceedings and result.
By having a good understanding of this type of statement’s purpose and process, you can better prepare yourself and create a powerful document for your case. In the criminal justice system, impact statements are often provided at initial hearings, including arraignments and plea hearings. In civil matters , they may be used predominately in cases as part of the presentation to the judge.
In addition to being an essential part of the process, the impact statement can carry a lot of weight in a judge’s decision. For example, when the case involves sentencing, how the impact statement comes across to the judge can help them determine whether to give a maximum sentence, an opportunity for probation or even a release. An impact statement is a very important part of a case, therefore it’s critical to consult an attorney who has experience preparing these types of statements.
There is no unique approach to crafting an impact statement; however, there are certain details which should be approached with care. This is especially true if the impact statement is being submitted in a criminal case. It’s important to note whether the statement is to be read publicly aloud. This will affect how you should fill out your statement.
Essential Components of an Impact Statement
To be effective, or to be the most compelling and powerful statement of its kind, an impact statement must contain certain key elements. It is the combination of these elements that lead a judge or jury to truly understand how a particular crime or criminal act has impacted the life of a loved one or family member.
First and foremost, you need a personal anecdote. This requires the author to move beyond describing the situation to providing a personal or specific element from what the person has experienced. By providing this personal anecdote, you allow the reader to move into your shoes to see how this "felt" to the author.
Next, you need to detail the emotional impact of what happened and how it has affected the family. Here you can certainly be descriptive about how the author feels, but we do need to avoid a statement that is so melodramatic that the facts are, in fact, overshadowed by the over-the-top dramatics of the plaintiff or family member.
Finally, we want to ensure that the statement actually contains some specificity. Vague statements provide little insight into what has actually happened and how it has impacted the life of a survivor. In order to be effective, there is a level of specific thinking required to show how the loss has affected the individual.
A Step-by-Step Approach for Writing your Impact Statement
Start by brainstorming ideas. If you need to create a powerful impact statement, you should start by writing down all the things about what you and your family have been through over the past year. Remember to include facts like how many appointments you have had to attend each week, how much time it has taken you to get to those appointments, the distance you had to travel to get there, and how much money each trip has cost you. You will also want to include your diagnosis, prognosis, and medical history. Then write down what everyone in your family has had to do to deal with the illness day-to-day and constantly think about legally. Keep your list handy – you’ll refer back to it later. Next, decide on a few things that you feel are most important to convey to the court. For example, if your family has suffered financial hardship as a result of your illness, that should be priority one. Or perhaps the emotional distress has been so severe that it has changed your quality of life. Any thought that you have that conveys to the court the severity of your health condition will work. You don’t have to put all of your thoughts into the statement – just a few that will have the greatest impact on how you want to be portrayed to the judge. Now that you have your priority list, you should review it and write down the top two or three things you think will put your situation in the best light for the court to see your struggles and hardships. Once you have that, write your statement, using your priority list as a source for information. Once you have finished your draft, go back and read it. Check to be sure that you have included all the points of interest you want brought out in court to help the judge see your case from your perspective. After you have revised and edited, you’re ready for the final touches. Again, read the statement and be sure you have no errors in spelling, grammar, or punctuation. Make sure that your family members have all signed it and dated the statement. It is then ready to be given to your attorney who will give it to the judge.
Tips for Managing Emotions and Maintaining Honesty
"Emotional clarity and honesty is critical, as long as you are honest and clear in your emotional reactions. The court wants to see the facts but they also want to see how the facts affect you and your children. So be honest about how and why you feel the way you do.
Try to refrain from saying things that your children have said. For example, "My four-year-old son told me that his daddy says I am the worst mom on earth." That creates problems because it just puts your children in the middle of your problems and feelings and it can make your spouse seem better in the eyes of the court than you because it shows that you have negatively affected your child by influencing him against your spouse.
On the other hand, it is okay to say, "My son now cries every time he has to go visit with his dad since he hurt him and we haven’t gotten the court’s permission to see him without his dad present." Or, "My three-year-old since his dad hit him, cries and doesn’t want to go." Then say, "Because it has happened before, I feel that my child is in immediate danger and please look at the reports from police and social workers that detailed what happened and how my child still is affected by it."
The emotional reaction needs to be honest and clear in order to be effective, but it definitely should not overwhelm the reader with excessive emotion or be written negatively toward your spouse. Otherwise the opposite can occur with what you want to presented being lost in the noise of your emotional reaction. Also, if you feel the need to vent, then do it in private and do not include it in your impact statement."
Pitfalls to Avoid
Common mistakes that people make when writing an impact statement include presenting vague statements that provide little context, and presenting very emotional responses that may make the court question credibility. Avoid using overly emotional words that are subjective and could be viewed as over-the-top or diminish the impact of a factual summary that you can or have already provided. Keep in mind that you want to make the maximum impact with your statement.
For example, saying "this crime was horrific to me" is vague. Say instead, "I woke up screaming because I am overwhelmed by emotion after hearing the details of the crime." The latter statement still conveys a strong emotion, but it provides a specific reason (i.e., information presented at trial) that the reader can associate with the emotion presented.
Or , "I was infuriated and then furious and now I’m angry." Avoid inflating your emotional response and avoid making it seem like the emotional response hasn’t been under control (i.e. "infuriated and furious" are the biggest indicators that the emotional response has not been under control – implying that it has since gotten under control). Stick with one word that is really driving the emotion you’re feeling – anger. If you have more than one, explain how the emotion changed. "At trial, I experienced infuriation at the details of the crime (or the defendant’s actions), because I couldn’t believe my loved one endured this suffering, and now my anger is towards the defendant for causing this."
Emotional statements should focus on what you now know and compare it to what you knew before the impact of the crime hit your life.
Customizing the Impact Statement for Various Cases
Once you have completed a first draft of your impact statement, you may need to tailor it to the particular case before the court. The style and content will vary depending on whether you are involved in a criminal, family or civil case. When a court is hearing a sentencing for a criminal case, the emphasis will be more heavily on the facts surrounding the impact of the crime on the victim. It is in this context that the emotional workings of the crime should be explored. How did the crime affect the victim and who else? In many instances, the crime may have impacted more than just the immediate victim. Depending on the thrust of the circumstances, an impact statement in a criminal case may provide pictures, audio and/or video images. The statement may also include records of counseling and other therapeutic treatments received by the victim. Of course, the victim must obtain the consent of anyone else whose treatment records are provided. If you are the victim in a family law case, your impact statement will be of a completely different nature. It must be adapted to the context of the case. There are sensitive issues involved in family law cases that must be addressed even as they are handled with correct delicacy. While a criminal case may focus on the tragic elements of the crime inflicted on the victim, a family law case must be more restrained, since the documents are open to public scrutiny. To avoid causing emotional and financial distress to innocent parties, care must be taken to include only pertinent information in the statement. In some family law cases, an impact statement may be submitted concerning the financial impact the disposal of property is likely to have on an adult. Issues of custody and visitation may also be highlighted, since such issues are often centered on parental behavior and the effect such behavior has had on the children involved. There may be significant psychological reports that, if made available to the court, will help in deciding the fate of the children. In the preparation of impact statements in civil cases, special care must be exercised to address the legal circumstances in a factual manner. Personal details of the victim and emotional elements of the case are not of general use in civil cases, which tend to be more objective in nature. How much money was lost and who lost it, these are the relevant issues in civil cases. The statement may also contain how much money the plaintiff has been willing to accept in settlement. Is the plaintiff rich enough to survive the loss without recompense? If not, the amount to be paid to the victim may increase. Although an impact statement needs to address many issues that may seem unrelated, it must maintain a proper focus. Its relevance and the resulting impact on the court will depend on the specific circumstances.
Completing and Filing your Impact Statement
Now that your impact statement is finished, it’s time to give it a final look over. Check your spelling and grammar, even if you used spell-check, and then get someone else to read it. A fresh set of eyes can help you catch mistakes and make sure your statement is clear and free of ambiguity. If possible, have an attorney review your statement as well, especially if you are concerned about including personal details that could hurt you in the future – for example, your abuser is also a non-custodial parent and you worry about them getting their hands on your statement .
Once you have your statement finalized, it’s time to submit it to the court. Many courts will allow you to submit your victim impact statement online, which is often the quickest and easiest way to get it submitted. Otherwise, you will need to print out copies and send them via mail. Typically, you should submit your impact statement to the court, prosecutor, and the abuser.