'Cooling Out' Victims of Crime: Managing Victim Participation in the Sentencing Process in a Superior Sentencing Court

Australian & New Zealand Journal of Criminology, August 2012, 45: 214-230

UTS: Law Research Paper No. 2013/8

19 Pages Posted: 29 Nov 2013 Last revised: 3 Dec 2013

Tracey Booth

University of Technology Sydney, Faculty of Law

Date Written: December 2013

Abstract

Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is a contentious aspect of contemporary criminal justice. A particular concern is that the disjuncture between the legal goals of the sentencing hearing on the one hand and the goals of victims on the other can generate tension and conflict in the courtroom and threaten the integrity of the process. The subject of this article is the management and containment of victim participation in 18 sentencing hearings observed in the NSW Supreme Court. It is argued that various cooling out structures and processes effectively managed and contained the emotional tension in the courtroom as well as assisted victims to adjust to the legal constraints and the compromise inherent in their position in the process.

Keywords: victim, impact statements, sentencing, cooling out

Suggested Citation

Booth, Tracey, 'Cooling Out' Victims of Crime: Managing Victim Participation in the Sentencing Process in a Superior Sentencing Court (December 2013). Australian & New Zealand Journal of Criminology, August 2012, 45: 214-230; UTS: Law Research Paper No. 2013/8. Available at SSRN: https://ssrn.com/abstract=2360847

Tracey P. Booth (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Paper statistics

Downloads
50
Abstract Views
286