What Is a Pre-Sentencing Statement?

The break between the trial and conviction in felony criminal trials, and the sentencing of the defendant is the pre-sentencing period. Crime victims can make pre-sentencing statements to the judge, hoping to influence the sentencing decision. Contrary to popular belief, the statements that have the most impact are in the pre-sentencing report and not in the courtroom.

Sentences

• "Sentence" refers to the punishment the defendant receives, ordered by the judge as part of restitution of the crime. Various sentences range from paying fines to serving time, and they become the legal responsibility of the defendant.

Pre-Sentencing Statements

• The term "pre-sentencing statement" usually refers to the victim impact statement. After the trial and before a sentencing ruling, victims can make an official statement of the impact of the crime, which judges should consider when rendering a sentence.

Common Misterpretation

• Although victim impact statements may conjure up emotional images of victims and family members pleading with the judge in the courtroom, this is rarely the case. In fact, the judge usually has his mind made up prior to the sentencing hearing. So, pre-sentencing statements done in a courtroom have little impact and are less favorable than statements included in the pre-sentencing report.

Pre-Sentencing Reports

• Victim statements are usually made in person with the probation officer and entered into the PO's pre-sentence report. The pre-sentencing report is thoroughly reviewed by the judge prior to the sentencing hearing.