E. Erez et L. Rogers, Victim impact statements and sentencing outcomes and processes - The perspectives of legal professionals, BR J CRIMIN, 39(2), 1999, pp. 216-239
Recent legal reforms requiring vicitm input into sentencing decisions have
been controversial. Among the numerous arguments against the reform are cla
ims that victim input will have detrimental effects on sentencing outcomes
and processes. The present study used qualitative strategies to study the p
erspectives of legal professionals and their experiences concerning such pr
esumed effects. The database of this study is in-depth interviews of 42 mem
bers of the legal profession in South Australia: justices, judges, magistra
tes, Crown and police prosecutors and defence lawyers. Several themes in le
gal occupational culture as well as organizational forces and dynamics emer
ged as explanations for the minor impact of the reform on court outcomes an
d processes. The study concluded with a discussion of the way the legal pro
fession has circumvented the reform's spirit, and the advantages of qualita
tive data to study such issues.