Select committee urged to avoid courtroom 'Oprahfication'
from the article on Voxy.co.nz:
Rethinking Crime and Punishment agrees that victims should be able to provide information to the court about the effects of offending; and the harm they have suffered. However, it does not believe that the presentation of a victim impact statement in the Court, was the best way to achieve it.
Victim impact statements: Some concerns about current practice and proposed changes
Currently victims have the right to submit a VIS in a variety of ways, though it is usually in writing, and to request the opportunity to present the statement in open court. The judge has the discretion to deny this request and to edit the statement if there are concerns about its length or content. Under the new proposal, victims will have the right to use their own words in the VIS and “to address the offender so that the offender may better perceive the impact of the offence on the victim”. For serious offences (s.29 of the Victims Rights Act), victims will have an automatic right to present their VIS in court, though the judge retains the right to manage the process.
Restorative Justice Centre's submission to Ministry of Justice on victims' rights
The Restorative Justice Centre at AUT University in New Zealand has responded to a discussion draft titled "A Focus on Victims of Crime: A Review of Victims' Rights" on how the government might better address the needs of crime victims. Following are excerpts from RJC's response:
9. The central justice needs of victims are submitted to be accountability, vindication, empowerment, information, truth-telling and future safety. Only the first and last of these are addressed (to some degree) by the current legal process, and then only when the offender is convicted. Thus in crimes that go largely unreported, such as sexual offences, there can be no feeling of accountability in the absence of alternative processes, and victims remain unsafe.
10. The remaining four central justice needs are those which Dr Howard Zehr, known to and used by MoJ as a consultant in restorative justice, has said are “especially neglected”. They are next mentioned separately. However they overlap with needs identified by other writers.