Legal move helps business put on a human face
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When a corporation is the victim of a crime, the case might not seem so personal.
But through victim impact statements, the defendant and judge can learn the extent and impact of the crime on the business, determine adequate restitution and expedite the legal process.
“It is a good thing to inform the court about your losses and other consequences of being victimized,” said Fred Gay, bureau chief of the juvenile bureau at the Polk County attorney’s office, who helped found the Polk County attorney’s Victim-Offender Reconciliation Program (VORP). “They can get together and have the opportunity to express what they lost and the impact on them.”
Victim impact statements provide a platform for victims, whether a business or individual, to itemize their economic loss, physical injury, changes in personal welfare or familial relationships, describe any requests for psychological services and report any other information related to the offense.
Section 915.21 of the Iowa Code states that a victim may present a victim impact statement to the court by filing a signed statement with the county attorney. The statement can be presented at the sentencing hearing and at any hearing regarding reconsideration of sentence, unless the victim requests otherwise.
“It gives (victims) a chance to voice their concerns and let us know what part of the process they want to be involved in,” said Justin Allen, an assistant county attorney who is responsible for prosecuting financial crimes. “Every bit of information is helpful.”
The victim impact statement may be presented by the victim, the victim’s attorney or a designated representative orally at the sentencing hearing. The victim may also make a statement through a video recording, make a live presentation through a video monitor from a remote location, make an audio recording of the statement or appear by audio using a speakerphone.
“Judges use (the statement) … at the sentencing and look at it to see the full extent of crime and see what happened,” Allen said. Victim impact statements are “absolutely” a factor in the judges’ decision-making process, he said. The statements also cut down on the number of meetings and allow a judge to “get right into” discussions with the defendant’s lawyer, Allen said.
In 1991, the Polk County attorney’s office initiated the VORP to allow victims an opportunity to communicate with defendants in a mediated environment.
Each case goes through a victim liaison, the victims are contacted and informed of who has been charged and the benefits of the meeting, said Teri Gillenwater, program manager of the victim and restorative justice center with the Polk County attorney.
“With businesses, we push the restitution part, but once they get to the table it is personal for businesses, not just about restitution,” Gillenwater said.
In the meetings, victims and defendants can agree on a monthly restitution payment plan. “They get the money a little quicker and more often if they do a meeting,” Gillenwater said.
Victim services and the opportunity to make statements are offered throughout the nation. Maggie Land, a victim witness specialist with the U.S. attorney’s office for the Western District of Washington in Seattle, said that states have offered victim services longer than the federal government.
“It’s hard to feel a lot of sympathy for a huge conglomerate bank, but small or mid-sized companies, yes,” Land said. “Business owners can stand up and indicate (the effect) the crimes had – maybe they had to lay people off. … By making a statement, a big company will seem more personal.”