Description
Class readings:
https://www.dropbox.com/sh/s7rcjz1xfv027oa/AADTBtiLPc7SC-ZM8kzvuwRca/Class%204/Class%204%20Part%202%20-%20Victim%20Impact.pdf?dl=0
Mitigation and Victim Impact Evidence
The Supreme Court has held that in the sentencing phase of a capital trial, the defense has a right to present any evidence about the life and background of the defendant that may be a basis for a sentence less than death. This class examines the Court’s decisions, the kinds of evidence often presented in mitigation, and the challenges of finding and presenting such evidence. Susan Marcus, an attorney and mitigation expert, discusses how a defendant’s legal team investigates a defendant’s life and background based on her experiences. The Court also held that states may allow the presentation of victim impact evidence to show the impact of the crime on the family and community of the victim. This type of evidence is controversial, because of its often emotional, even inflammatory nature, and there are issues regarding its relevance. Is victim impact evidence relevant to the culpability of the defendant? We examine some examples of victim impact testimony and court decisions regarding it. Prof. Bright analyzes the cases and discusses the issues with Yale Law students.
Victim Impact Evidence (s4c)
Victim impact evidence informs the jury of the impact of the crime on the family and community of the victim. It is controversial, because of its often emotional, even inflammatory, nature.
Comments, questions and answers