Question

Do you think that family members of a homicide victim should bw allowed to make a statement at the sentencing phase? Pros and Cons.

Answer 1

I think that the family members of a homicide victim should be allowed to make a statement at the sentencing phase but the statement should not affect the nature of the sentence. Pros of such allowance are as under:

•   Family members can express the grief and harm they experienced as a result of the crime. Permission to make a statement will therefore give the family members of the victim an opportunity to vent their grief in open court by acting as an outlet.

•   Family members of the victim can list the financial losses suffered by them as a result of the offence if allowed to make a statement.
•   Family members can also ask for any other services or information related to the impact of the offense on them.

•   Family members of the victim act as the advocates of the victims’ rights by expressing their frustrations and dis-satisfactions with the justice system.

Cons of such allowance are as under:

•   Statements by family members can affect the sentence.
•   Statements by the family members of the victims are guided by emotion and feelings rather than reason and logic.
•   Statements by family members of the victims can lead to subjectivity, bias and prejudice to the sentencing decisions.