In this chapter there is a section titled Improving Victim Awareness. There is a brief description of what a victim impact panel is

Question

In the past two decades, there have been vast improvements on how victims are treated in the criminal justice process. One improvement is the allowance of victims to be involved in various steps of the process. In cases of domestic violence and homicide, victims or victim's families are usually welcome to appear at the very first appearance and be heard. They can give reasons why the defendant should not be released from custody. However, when it comes to sentencing in cases where a jury is involved, some agencies are hesitant to allow a victim impact statement or the victim's testimony. What might be a reason why a victim would not be allowed to express her feelings to a jury during sentencing?

Answer 1

A crying victim allowed to testify in front of the jury, asking for a death penalty or a maximum sentence, is very impacting to a jury. The victim's information could benefit the judge in his decision about what programs to mandate for rehabilitation. The problem with this practice is the claim that it violates due process and procedural law. In a sentence hearing, the defense does not have the opportunity to cross examine the victim. A victim could potentially testify to things that are untrue or unfairly damaging to the defendant. Our court system believes that any accused person deserves the opportunity to face their accuser, which includes the opportunity to cross examine the witness. Victims are usually allowed to testify in non-jury hearings because judges are professionals and are less likely swayed by the emotional impact that a victim would have on a jury of her peers.