Writing a victim impact statement for someone you love who died
When someone you love was killed, your victim impact statement can tell the judge who they were and what their death has meant to you and your family. Family members can usually give a statement when the person harmed has died, and you can write it slowly, in short sittings.
Who can give a statement
Family members can usually give a statement when the person harmed has died. Federal law lets family members or an estate representative act for someone who died, and Florida’s law, for example, lets next of kin speak.
Who counts as family can differ from court to court. Your victim advocate can tell you whether you can give a statement, and more than one family member may be able to.
Who they were
You can tell the judge who the person who died was: their name, what they loved, and what they meant to the people around them. In Payne v. Tennessee in 1991, the U.S. Supreme Court ruled that the Constitution does not bar families from describing the person and the harm to the family, even in death-penalty cases.
A few true details are enough. An ordinary habit, something they always said, or the way they treated people often says more than a long list.
What their death has meant
The rest of your statement describes what has changed since they died. You can write about how you have felt, your health and sleep, your work, and the days that are hardest now.
Costs belong here too, in words: the funeral, time off work, counseling, or the loss of the person’s support. The amounts usually go on a financial loss or restitution form, so ask your victim advocate how to claim them.
Children and the rest of the family
You can describe what the death has meant for others in the family, such as children, parents, brothers and sisters. Use first names only, and leave out schools and other details that show where they are.
Keep to what you have seen and know, and leave private details of other people’s lives out unless they are happy for you to share them. They may want to give a statement of their own.
In a death-penalty case
In a death-penalty case, family members cannot give their opinion about the sentence, the crime or the defendant. The U.S. Supreme Court confirmed this in Bosse v. Oklahoma in 2016.
You can still tell the court who the person was and what their death has done to your family. Your victim advocate or the prosecutor can explain what your statement can include.
Writing in short sittings
Writing about someone who died can bring a lot back, and it is okay to write a little at a time. A federal guide from the U.S. Attorney’s Office in Alaska says to pace yourself, be gentle with yourself and take as many breaks as you need.
This site is not a law firm and does not give legal advice; your victim advocate can help you. You can write your statement here, one gentle question at a time, and come back whenever you are ready. Your answers stay on your device, and writing, seeing and printing your statement cost nothing.
If you need to talk to someone now, you can call, text or chat 988, or call or text VictimConnect at 1-855-484-2846.
Questions
Can family members give a victim impact statement when someone died?
Usually, yes. Federal law and states such as Florida let family speak when the person harmed has died. Ask your victim advocate who can give one in your case.
Can I talk about who my loved one was?
Yes. In Payne v. Tennessee, the U.S. Supreme Court ruled that the Constitution does not bar families from describing the person who died and the harm to the family, even in death-penalty cases.
Can I ask for the death penalty in my statement?
No. In a death-penalty case, family members cannot give their opinion on the sentence, as the Supreme Court confirmed in Bosse v. Oklahoma in 2016.
Can more than one family member give a statement?
Often, yes, but it depends on the court. Your victim advocate can tell you who can give one.