When someone is convicted of murder, the deceased’s loved ones are usually given a chance before sentencing to tell the court how the crime has affected their lives emotionally, physically and financially. In Tennessee, this is a right protected by law.
Victim impact statements don’t determine guilt or innocence. That’s already been decided. Instead, they humanize the victim and remind everyone there are real people whose lives have been shattered.
How does it work in Tennessee?
Victim impact statements are typically presented during the sentencing hearing after a conviction. Family members can write their statements or speak directly to the court. Some choose to describe their loved one’s life, the pain of their loss or the ongoing struggles they face.
Why they matter
Tennessee judges consider these statements when deciding a sentence, but they are not bound by them. In other words, victim impact statements do not directly determine the sentence handed down by the court. The judge must consider all aspects of the case when deciding an appropriate punishment.
That said, victim impact statements can influence whether a defendant gets the maximum penalty or a chance at parole.
Protect your legal rights and interests
Seeking experienced legal guidance when facing murder charges in Tennessee is crucial to understanding the role of victim impact statements and how they might affect the outcome of your case. It can also help you challenge overly emotional or prejudicial statements, present mitigating factors and help ensure that the court considers the full context of your case during sentencing. This can go a long way in securing a fair sentence if you are convicted.