Legal Question in Criminal Law in Washington

Re: State Vs Shaw

I am sorry for the suffering of your family. There should be a "victim's advocate" at your prosecutor's office to help you with these tough questions and to help deal with the strong emotions you are experiencing right now.

As far as I know, your victim's impact statement does not produce any Federal Grant money. The VIS will be read by the Judge when determining what sentence to impose. Anything the prosecutor presents to the judge, he/she will also have to present to the defense. Under a new U.S. Supreme Court case, any time the sentence goes outside the statutory range because of alleged facts, those facts must be proven before a jury. So, it is important to speak with your advocate, and possibly your prosecutor, about how much impact you statement can have. It might be a situation where your judge does not have much discretion remaining and thus it isn't worth risking your future safety. Or it might be a case where the judge has wide discretion and speaking up now could be your opportunity to save yourself future grief.