Supreme Court Allows Victim Impact Videos In Murder Cases

This is good news.
When some animal, for his own selfish reasons, tears a loved one away from a family forever the immediate victim isn’t the only one affected. The murder of a parent of brother or sister or…..child has a horrendous impact on families.
Appeals were filed with the Supreme Court over the use of “impact videos” because the defense argued that a jury would be swayed emotionally by them. Seeing a victim alive before some animal rips their lives away and out of the lives of their families gives a jury a perspective that defense attorneys didn’t want them to have.
The L.A. Times reports on this but simply cannot help itself once more when it comes to putting just a bit of a liberal twist to the story.
Check out the opening sentence of their report:

Reporting from Washington — Over the objection of three justices, the Supreme Court on Monday turned down appeals from two Los Angeles murderers who said it was unfair that videotapes of the victims’ lives were played for jurors before they decided the killers should die.

Over the objections of three justices. Heh. That’s just to let you know there was dissent. Note that they don’t mention how many voted to uphold the use of the videos. Had this been a ruling for gun control or stengthening abortion rights they would have trumpeted in big bold headlines what a resounding victory it was. Amazing.
Anyway, the defense argument was this:

Defense lawyers had argued that this “cinematic evidence . . . designed to play on the jury’s emotions” should be excluded from a sentencing hearing in a capital case.

There is more in the article, but what it boils down to is that they argued that it’s just not fair to show how those families feel and how they remember their loved ones.
Well, get this….the horror and deep grief that those families had to go through after some animal took someone from them wasn’t fair either, was it?
So….the animals (there’s that word again but it’s just so….appropriate) who raped and killed a young woman and who murdered an elderly couple will die. Tough. I have no problems with that. Those creatures should have thought of that before they murdered those folks and tore holes in those families that can never be filled.
And now the families can have their say on how it impacted them in court.
One for the good guys.

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  • http://Array Pilgrim

    Bubba:

    is the life of the nutty bachelor everyone hates worth less than that of a beloved child or grandfather?

    So…because one party cannot provide a compelling impact statement another shouldn’t be allowed to?

  • di butler

    Yeah, let’s go back to John Edwards channeling dead babies! Much better! And that is before sentencing. Woof might take a different view if it was a member of his own family. Or maybe not, he seems somewhat heartless. I wish that stuff had been available when my uncle was murdered in cold blood. I also think every woman going in for an abortion should have to watch a 3d ultrasound. If you’re going to take a life, you should be well informed beforehand.

  • carrick

    Got a better system, WOOF?

    You prefer live drama?

  • HG

    Life is something you feel, you experience. Its value cannot measured by reason alone. If the punishment is to fit the crime of taking a life and justice even-handed, then life must be adequately weighed against it.

  • Pilgrim

    Heh. The Enya part I can agree with.

    I agree with the use of impact statements up to and including the use of video, but it shouldn’t be turned into a production of “Old Yeller”, either. I’ll give Woof that much.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    I don’t often agree with Woof, but he is dead on correct that being forced to listen to Enya (who’s torturing those puppies? Where is the ASPCA when you need them?) is a clear violation of the 8th Amendment. :^)

  • Pilgrim

    Highlight reel?

    Yeah, okay Woof….the lives those people shared with their families is just a highlight reel to you?

    By and large I don’t say much about your leftist views, keeping it to the occasional comment or casual disagreement. BUT – this is the by far stupidest and most detached, heartless thing I’ve ever seen you write.

    Take pride in it, leftie. You’ve hit the slime on the botom of the barrel with this one.

  • http://www.bikebubba.blogspot.com/ Bike Bubba

    I’m torn on this one, Pilgrim. To put it gently, I find it hard to believe that juries–even with 10 of 12 members having grown up on MTV–would fail to clue in that the victim left people behind who loved him and miss him, and that that crime deserves official retribution.

    So I don’t question the legality of doing such an “impact” video, but I do question whether it ought to make a difference to a jury. As Woof says, is the life of the nutty bachelor everyone hates worth less than that of a beloved child or grandfather? It would seem that allowing these videos would tend to create varying degrees of justice before a particularly mindless jury.

  • Ken

    I’m also torn. I’m afraid these videos may be used to make up for a prosecutor’s lack of evidence. I don’t want to see an innocent men, or at least ones with reasonable doubt, go to prison because the heartstrings of the jury were pulled too hard. But I guess the risk of any justice system is the injustice of condemning an innocent man.

  • Pilgrim

    The impact statements (including video) are presented after conviction, not before the jury deliberates guilt or innocence.

  • carrick

    WOOF, all you’re doing is pointing out what a fiasco the sentencing phase can become. Planned theatrics is hardly a new thing in the sentencing phase of trials….

    The specifics of what is allowed and isn’t should be under the discretion of the sentencing judge, which is what the the SCOTUS was responding to, which seems pretty reasonable to me.

  • WOOFX

    Your not gonna like the zygote movies.

  • WOOFX

    All 37 states and the federal government that maintain the death penalty allow victim impact evidence in the sentencing phase of murder trials. In the cases denied review on Monday, the evidence was composed of a 20-minute videotape in one case, and a 14-minute videotape in the other. The 20-minute presentation included dozens of still photographs and video clips depicting the victim’s life, set to the music of recording star Enya, with a voice narration by the victim’s mother.

    If forcing a captive audience at a state trial to listen to Enya isn’t cruel and unusual punishment, I don’t know what is. I hope a future case will consider the second Eight Amendment issue.

    http://lefarkins.blogspot.com/2008/11/why-wasnt-this-briefed.html

  • WOOFX

    Do you want to see a defense film attacking the victim?

    because one party cannot provide a compelling impact statement another shouldn’t be allowed to?

  • WOOFX

    Think some victims deserved killing?

    The life of a guy who delivered your paper
    deserves less retribution than the life of
    the dental hygienist?

    Immigrants, priests, drunks, whose life calls for
    more vengeful justice.
    The law has ways to differentiate the heinousness of crimes
    and appropriate punishment.

  • WOOFX

    Lives and sentences measured by highlight reel.

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