Today's block order is FEHG
F/E Blocks Crim 12
Today we spent time looking at the Risk Factors associated with victims:
Age: 15-24 year olds have the highest level of victimization
Gender: some level but different types of crimes
Marital Status: Singles face risk of assault, robbery and other crimes against a person
Residence: Urban
Income: Less than $15000 the greater likelihood of being a victim
Season: summer
Relationships: 50% of victimization happens in the home.
Also we discussed the Vicimization of the most vulnerable in
society....Wally Opal and his recent recommendations in regards to the
Missing Women's Inquiry.
What is a Victim Impact Statement?
A Victim Impact Statement is a written description of how a crime has affected the victim.
A Victim Impact Statement does not include a description of the crime or how the crime
occurred. That information should be included in your witness statement to the police because it
relates to the trial. The Victim Impact Statement is used at sentencing if the accused is found
guilty or pleads guilty.
Who may complete a Victim Impact Statement?
If you or a family member have suffered physical or mental injury, emotional trauma or significant
economic loss because of an offence, you or that family member may complete a Victim Impact
Statement. If a victim is not able to complete a Victim Impact
Statement, someone else, usually a family member, may complete the Statement on the
victim’s
behalf. The reason the victim cannot complete the Statement must be
explained and the name of the person completing the statement should be
provided.
Do I have to complete a Victim Impact Statement?
No. Completing a Victim Impact Statement is your choice. Information in a
Victim Impact Statement is valuable to Crown counsel and to the Judge
because it helps them fully understand how the
crime has affected you.
How do I complete the Victim Impact Statement?
A Victim Impact Statement should be written in your own words. Describe
how the crime affected you and your family. Avoid comments about the
accused or about sentencing. If you are concerned about contact with the
accused, you should describe that concern in
your Victim Impact Statement. You may use all or some of the questions in the
Victim Impact Statement Information Guide to assist you in preparing your Victim Impact
Statement. You do not have to answer any question if it does not apply to you or if you do
not wish to do so. Crime can cause physical, emotional or financial
harm. The degree of harm done to the victim is a factor which the judge may use in assessing how
serious the offence is for the purpose of determining an appropriate sentence.
Can I include information about my financial loss?
Yes. Information about financial loss serves two purposes. For many
offences, the amount of financial loss reflects the seriousness of the
crime and can assist the judge in deciding an appropriate sentence, if
the accused is convicted. As well, information about the financial loss,
depending on the circumstances and the type of case, may permit the
judge to make an order that the offender repay the victim for those
losses. The judge in a criminal case is more limited in
making such orders than a judge in a civil law suit but can make restitution or probation orders that include losses such as:
• the amount of an insurance deductible;
• lost income;
• medical, counseling or treatment expenses not
covered by insurance;
• expenses for moving, such as temporary housing,
food, childcare and transportation, if the
victim and the accused lived in the same
house-hold and the crime caused the victim to
leave that household;
• the cost of any property that was damaged,
lost, or destroyed and the cost of repairs or
replacement.
Will I receive compensation for the financial impacts I describe in my Victim Impact Statement?
Giving information about the financial impact of the crime may lead to an order that the offender
repay your losses, but such orders are not automatic. If the offender does not pay the order, further
court action may be required, either by you or by a probation officer, depending on the type of order.
Whether
or not the Judge orders the offender to repay you does not affect your
right to seek compensation through a civil lawsuit or to apply to the
Crime Victim Assistance Program.
Information about starting a civil
lawsuit and about the enforcement of restitution orders can be obtained
at the Court Registry If you are injured (physically or psychologically)
as a result of certain crimes, you may be eligible for benefits under
the Crime Victim Assistance Act to assist with the costs resulting from
the injury.
A Victim Services Worker or the Crime Victim Assistance Program will be
able to provide you with the information and assistance in this matter.
For information about eligibility for the Crime Victim Assistance
Program call 1-866-660-3888.
How will my Victim Impact Statement be used?
Your completed Victim Impact Statement may be given to the Judge at the
time of sentencing or Crown counsel may use the information you provide
to tell the Judge about the impact of the crime on you. Crown counsel
must provide a copy of your statement to the defence counsel or the
accused prior to sentencing. The information in your Victim Impact
Statement can also be used to assist the court at bail hearings,
especially if you have indicated that you do not wish the accused to
have contact with you. If your statement is filed in court, it may later
be used by a federal parole or a provincial probation officer or by the
National or Provincial Parole Boards to help them decide conditions of
the offender’s release.
Can I update my Victim Impact Statement?
Yes. You can add further information about the effect of the crime on you by giving a signed update to Crown counsel.
Can someone help me with my Victim Impact Statement?
Yes. A victim service worker, friend or family member may assist you if you are having difficulty
describing in writing how the crime has affected you.
