Successful Witness Impact Statement Samples and How to Write Them

Witness Impact Statement: What is It?

A witness impact statement is a written account provided by an individual who has been impacted by a crime or affected by the actions of the perpetrator. These statements are typically submitted to the court in criminal proceedings, particularly during the sentencing phase. The primary purpose of a witness impact statement is to provide the judge and jury with a first-hand, personal account of the emotional, physical, and financial toll that the crime has taken on the victim, their family, and the community at large.
The inclusion of a witness impact statement often plays a crucial role in court proceedings, as it allows the victim and their loved ones to have a voice in the legal process and convey the severity of the crime. In particular, it emphasizes the human impact of the offence and can aid the judge in determining the appropriate course of justice , including the appropriate sentencing for the perpetrator. By providing context and depth to the physical evidence and facts presented during the trial, the witness impact statement can significantly influence the outcome of the case.
In many jurisdictions, victim impact statements can be powerful pieces of evidence and play an important role in criminal sentencing. A judge may take the document into account when making a decision on the outcome of a case, as well as the appropriate sentence for the individual being tried. Because of this, it’s important for those who have been affected by a crime to comment on their experience in an honest and open manner, laying out the full extent of the problem and remaining as level-headed as possible throughout.

Essential Components of a Witness Impact Statement…

To move the judge’s heart, you must move the judge’s head. That is why it is important that your witness impact statement contains factual information about the victim’s life and his or her emotions. Some of the key areas to address in a witness impact statement include:
It is also important to note that prosecutors often have a witness impact statement prepared by the prosecutor when a member of the community is a victim of a violent crime. However, the victim will be able to provide a more personal account. Personal anecdotes can be extremely effective in conveying the emotional impact of a crime. You do not have to type out the full statement but keep some notes so you can convey the depth of your feelings. It is also important that you do not rush through things and that you take the time to write your thoughts down several times before finalizing your witness impact statement.

Tips for Creating a Powerful Witness Impact Statement…

When it comes to drafting a witness impact statement, the process is broken down into five basic steps. The fifth and final step is putting all of the information together into a written witness statement and then using it appropriately.

Step 1: Getting Thoughts Organized

Writing an effective witness statement will require you to organize your thoughts in a way that makes it easy for a reader or viewer to follow along. When possible, try and get your thoughts down on paper without using full sentences. It’s perfectly okay to use fragments, and even concepts. You can "connect the dots" later on when you’ve had a chance to actually go through the process of writing an effective witness statement for your injury case.

Step 2: Use Impactful Language

Don’t use flowery language unless it is absolutely necessary to convey the DNA of the situation. Even in those situations where I’ve had clients who used very complex language in everyday life, I’ve found that the best witness statements are written in clear, simple, everyday language. When you keep the language simple, it becomes easy for the reader or viewer to follow along, which will allow them to connect with the statement much more effortlessly.

Step 3: Strive for Clarity

Clarity is very important for a witness statement. The more you can tell the story of your accident in simple terms, the more powerful and effective your witness statement will be. It also leaves little to interpretation, which is a great thing in personal injury cases. In other words, the fewer gaps there are, the more likely it is that your witness statement will have the intended effect.

Step 4: Honesty

The phrasing of the statements must be true. If you have any doubts about an event that contained ambiguity, it’s best to leave that out. It would be much more effective to say "I don’t know" than attempt to make a guess. In the same vein, it’s best not to speculate about what would have happened if the defendant had behaved differently.

Step 5: Putting It All Together

In this step, you’ve done all of the preliminary work, now it’s time to put the finished product in writing. Use the raw notes and thoughts you’ve gathered in order to create a cohesive story. The end result should leave no questions in the mind of the reader.

Mistakes in Writing a Witness Statement…

There are several mistakes to avoid when crafting a witness impact statement. These include excessive emotion, a lack of structure and failure to follow the required legal guidelines. Showing too much emotion is one of the main mistakes that can occur in a witness impact statement. While it is important to show your feelings about the injury, the attorney should modify overly emotional parts of your statement. There are certain emotions that the court will not look upon favorably. You need to be able to show how your injury affects you as a person, rather than primarily showing how your injury affects you emotionally.
Another mistake that some people make is having an unstructured statement . Every statement should have a beginning, middle and end. While the beginning should be reserved to discussing who the injured person is, the middle should be the discussion of the injury and the end should involve how the injury maker has impaired the quality of life for the injured party.
While it is important to follow the legal guidelines, it is easy to stray from or simply forget them. One portion of the legal guidelines that some statements falter on is that you can only talk about the events surrounding the injury and its aftermath. Some witnesses may want to talk about medical history or previous employment history that does not relate to the case. You should make sure that any irrelevant information is omitted from your statement.

Samples of Effective Witness Impact Statements…

Example 1 – This is an example of an emotional witness impact statement that is quite effective because the impact is felt, and it helps the jury understand how this crime affected the victim. A tearful mother stands before the jury on the last day of trial and reads the following statement she has prepared:
I was sickened to find out that my daughter’s life had been shattered by the defendant. She had been a straight-A student who won more scholarships during her senior year at Hunting Hills than were awarded to the entire football team. My daughter went to Colorado on a full scholarship and was excelling in her studies. After she met the defendant, however, she began to skip classes, drink heavily and use drugs. This past fall, I learned that she was pregnant, but chose to have an abortion. In the spring, she dropped out. She had a complete mental breakdown after that. She was admitted to Charter Hospital in Webster, Texas. She begged to come home, but I was afraid. I thought she would go off the deep end again when she found out I had found out what she was doing. I had become the enemy. I changed the locks so that she could not come into the house without permission. I called the police and got a protective order just to keep her away from me. I really thought I would have to have her committed, but the doctor told me he believed she would be all right. So, I just tried to survive the best I could, but I could not deal with her when she was that way, and I still cannot. She is angry. She is often violent. I find it hard to believe that she will ever get past this period. She is afraid to talk to me and she says I know nothing about what happened. I know better. I know she was injured by the defendant and that injury destroyed her. What he did to my daughter was cruel and selfish and has devastated our family. He took away my innocent child. I will never forgive him for that. I will always know what he did. I cannot walk through my house and every day it is a reminder of what the defendant did to my little girl. I find his statements that he was protecting her to be very insulting. I was always there for her, and if I had known what was going on, I could have helped her. I asked her every time she came home for him to leave, but either she lied to me or he made her feel bad for wanting to leave.
Example 2 – This is an example of a little more straight forward and simpler scenario that also has an impact on the jury. The grandmother of a rape victim stands up and reads the following statement:
Your honor and ladies and gentlemen of the jury, I know you have heard a lot of testimony during the past few days. You have heard from my granddaughter, who was a victim in this case. I need to tell you what she has had to go through since she was four years old. Unfortunately, I cannot repeat the henous details, as they are simply too vivid in my mind. I cannot tell you what it was like for me to learn that she had been brutally raped. What for could I do? What for could I say? I knew that the little girl who used to come to Nan’s house no longer existed. I know she has some nightmares – sometimes several times a month or week. I have seen the fear in her eyes and face when she recalls what the defendant did to her. It breaks my heart to see my precious granddaughter suffer through these episodes of horror. If the defendant had not stalled the prosecution of this case, your trip to Columbus would have ended months ago and justice would have been swift. At this point, my granddaughter is an adult who is trying to move forward with her life. She has lived through more in the past than some individuals will go through in a lifetime. You must hold the defendant accountable for what he did to my granddaughter. Please do not let him escape justice. Even though the defendant did not physically harm me or my family, he caused me much pain and heartache. As her grandmother, I hope I will soon be able to see the days of her youth start to return. This was a precious little girl who never did anything to anyone to deserve this. Only the defendant knew how far his actions would go to harm my family. His actions not only hurt my granddaughter, but also me and my family.

The Impact of Witness Statements in Law…

A witness impact statement can significantly influence the outcome of legal matters by offering new perspectives and information to judges who will make the final decision. In the courtroom, witness impact statements play a particularly important role in the sentencing phase, in which the judge determines the final penalties that will apply to the case. Depending on the circumstances, the judge may also have the option to suspend the sentence (i.e. reduce the penalties), possibly leading to a more favorable outcome for the offender than if he or she received a maximum sentence .
Impact statements in administrative hearings may hold a different influence. While the institutions will have some degree of latitude, a variety of rules and guidelines serve as the basis of all hearings, and the final decisions are largely dependent on impartial evaluations of the facts at hand. Therefore, the importance of witness statements in such cases depends more on whether they are unbiased, than on what those statements say. Detailed and nuanced statements that present a relevant perspective will be useful in most types of hearings.