ABSTRACT
A victim-impact statement (VIS) allows individuals emotionally close to the victims of capital crimes to testify in front of a jury or through written testimony during the sentencing phase, which may result in a death sentence for the defendant. The purpose of the VIS is to explain the emotional impact of the crime on the victim's family, friends, or other emotionally vested parties and to inform the sentencing parties about the outstanding character of the victim. Critics of VIS argue that permitting emotionally charged testimony to sway the emotions of judges and juries is a denial of the constitutional rights of the defendant and is more likely to incite retribution than justice. The retiring civil rights pioneer warned his colleagues on the Court that "an even more extensive upheaval of this Court's precedents may be in store" that would place individual rights on shifting ground.
