Victim Impact Statements and Expressive Punishment in the Age of Social Media

Victim Impact Statements and Expressive Punishment in the Age of Social Media
Author :
Publisher :
Total Pages : 36
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ISBN-10 : OCLC:1304311638
ISBN-13 :
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Book Synopsis Victim Impact Statements and Expressive Punishment in the Age of Social Media by : Erin L. Sheley

Download or read book Victim Impact Statements and Expressive Punishment in the Age of Social Media written by Erin L. Sheley and published by . This book was released on 2019 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victim impact statements (VIS) are long-disfavored among legal commentators for allegedly injecting unnecessary, negative emotion into sentencing at the expense of the defendant, with ambiguous informational benefits to the sentencing body. Most traditional arguments both for and against VIS turn on purely retributive or utilitarian grounds. This essay takes up the Stanford sexual assault victim's statement to propose an expressive framework for understanding the function of VIS, which resolves much of the theoretical confusion surrounding the traditional justifications. I show how the expressive goals of criminal punishment have long been distorted by the mediation of traditional news reporting. I then analyze the legal relevance of the particular criminological values expressed in the Stanford statement to show how unmediated victim narratives may counterbalance media distortion, particularly in the age of social media transmission. I conclude that the criminal justice system better serves its expressive function by formally incorporating VIS into sentencing.


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