Avery 1
Shana Avery
Ms. Reites
ENC 2300
02 November 2009
Character Biographies
Mike is 22 years old. He dropped out of high school during his junior year, but earned a GED and found a job in construction, which wasn’t as easy as he thought it would be thanks to an arrest record involving a variety of misdemeanor and felony charges, including drug possession, theft, and reckless driving. Mike and his girlfriend live with his mom and his younger sister, who just turned 18. Mike’s mother (a single mom since Mike was about 8 years old) works long hours to be able to provide for her family financially, and isn’t home as much as she would like to be. Mike was recently fired from his latest job as a helper for a plumbing contractorfor failing a drug test. Hespends his weekends hanging out with his friends, smoking pot, drinking beer, and going to bars. Not too long ago, Mike left a bar with two of his friends in his new sports car (that his grandfather co-signed for). He was drunk, high, and driving at dangerous speeds. About 7 miles from home, Mike lost control of the car, which then rolled several times and came to rest against a large tree. Mike and one passenger survived the crash. The other passenger died on impact. He was 19 years old.
The Defense Attorney is a public defender. His six years in the public defender’s office have been more challenging than rewarding. This once-inspired young lawyer still believes in a person’s right to a fair trial, and that everyone deserves the best defense available, but he has recently been questioning whether he should be the guy providing that defense. Lately, he has found himself entertaining thoughts of life at a private law practice that includes a corner office with a view and a reserved parking spot occupied by a new German-made sedan, acquired as a result of the considerably higher paycheck he would be depositing into his free checking account. Nevertheless, he is in court everyday, defending those who can’t afford to hire private defense attorneys; fighting diligently on behalf of the “innocent until proven guilty.” When he’s not in court, this public defender usually reads the New York Times while eating his Chinese take-out. A registered democrat, he would describe himself as “conservatively liberal.”
Mrs. Jonesis the mother of the 19-year-old victim. Mrs. Jones and her husband of 21 years have, obviously, been devastated by the loss of their son. Their daughters, 18 and 4, also miss their big brother terribly. The Jones family unexpectedly welcomed a baby boy less than a year after the loss of their son. He was born on what would have been his big brother’s 20th birthday. Though currently a stay-at-home mom(again), Mrs. Jones previously worked as a paralegal in a large law firm. Often finding herself consumed by the events surrounding the loss of her son, she stays very involved in the criminal case pending against the driver of the car, Mike, and often researches related case law. The daughter of blue-collar workers, Mrs. Jones registered to vote as a democrat when she was 18 years old because of the party’s reputation as the party of the “working class,” but has been meaning to change her party affiliation for years, reasoning that she cares more about the person than the party and should probably be registered an independent.
The Prosecuting Attorneyis a recent law school graduate. A proud member of the Young Republicans as well as the NRA, he is a top-of-his-class hot shot who turned down several lucrative offers to join regionally recognized law firms for the chance to gain significant trial experience by prosecuting cases for the state. His own experience as the victim of a crime, something he never speaks about, inspired him to go to law school, and continues to fuel his passion for the law. Because of his personal experience, he easily identifies with victims and their families, and is an advocate of victim’s rights. Not unlike the public defender years before, he prosecutes cases not for the paycheck (which some would consider laughable), but for the satisfaction he experiences in serving the public and playing an important role in the criminal justice system.
“State vs. Mike”
Inside the county courthouse, in a holding room near Courtroom 2, Mike, dressed in a county jail jumpsuit, is meeting briefly with his defense attorney, the public defender, after being found guilty of DUI manslaughter. Mike was hoping to accept a plea deal, but the prosecutor refused to offer one, forcing Mike to go to trial.
MIKE: What happens next?
DEFENSE ATTORNEY: Mike, now that you have been found guilty, we will be back in court in two weeks for sentencing. In the meantime, I will contact the prosecutor to find out whether we should expect to hear any victim impact statements at the sentencing hearing and, if so, how many.
MIKE: What are victim impact statements?
DEFENSE ATTORNEY: Victim Impact Statements are statements presented verbally or in writing by victims and/or their family members that illustrate the effects of a defendant’s behavior on their lives (Miller, et al.). Florida Statutes allow for these statements to address a number of issues, including the emotional, psychological, physical, and financial impact of a crime (§921.143).
MIKE: Why would the court allow them to do that? That’s not fair! So, these people are going to stand up there and talk about how awful their lives are now because of the accident, and blame me for all of it? They are just going to try to make the judge feel sorry for them so he will give me a longer sentence! Don’t they know my life is already ruined!
DEFENSE ATTORNEY: I understand your concern. As a defense attorney, I often argue in opposition of the use of victim impact statements because of their prejudicial nature and potential to inflame juries and judges (Hill). Unfortunately for us, it is their right by law to submit a statement.
MIKE: So, if these people tell their sob stories and the judge falls for them, I could end up with the maximum sentence instead of the minimum sentence that I’m eligible for?
DEFENSE ATTORNEY: Florida Statutes outline the sentencing guidelines which determine the minimum and maximum allowable sentences (§921.002). In your case, we’re talking about at least 5 years and no more than 15 years, but, yes, the judge will determine your exact sentence after hearing everything in the case, including the victim impact statements.
MIKE: Is there anything we can do to keep these statements from being presented at the sentencing hearing?
DEFENSE ATTORNEY: While we may not think they are fair, the Supreme Court has consistently held that the submission of victim impact statements is not unconstitutional and does not create a disadvantage for the defense (Gross). I can object, but it won’t do any good at this point.
MIKE: The Supreme Court? Why are they weighing in on something like victim impact statements?
DEFENSE ATTORNEY: Because, Mike, the history of victim impact statements is rooted in capital cases, where the jury is left to decide between a sentence of life or death, not between 5 and 15.
Meanwhile, in a corridor around the corner, Ms. Jones is talking to the lead prosecutor in the case against Mike. She has been present at all of the hearings, and the upcoming sentencing hearing will be no exception.
PROSECUTING ATTORNEY: Ms. Jones, as I am sure you are aware, now that the defendant has been found guilty, we will proceed to the penalty phase of the trial. The sentencing hearing will be held in two weeks, at which time you and other members of your family will be allowed to present your victim impact statements to the court. Have you decided whether you will be submitting a statement?
MS. JONES: I want to, but sometimes I find myself wondering if it is worth it. I mean, will it really make a difference? What do you suggest?
PROSECUTING ATTORNEY: I recommend that you do submit a statement. As far as it making a difference, I can’t make any guarantees, but consider this: according to Florida Statutes, the judge is required to abide by the state’s sentencing guidelines when sentencing the defendant (§921.002). With that said, those guidelines leave room for the discretionof the judge and, sometimes, that can mean the difference between a defendant receiving probation or time behind bars; however, in this case, because of the defendant’s prior record, probation is not going to be an option. Prison time is a certainty, but his sentence could be as little as 5 years or as much as 15, and what you say could potentially influence the judge’s decision.
MS. JONES: Wow, my submission of a victim impact statement could translate into a longer sentence for the defendant? I don’t know if I can handle being responsible for something like that.
PROSECUTING ATTORNEY: Ms. Jones, there is no better way to remind the court that the victim of a crime is more than a name in a case file than to submit a victim impact statement. There is no guarantee that your statement will affect the defendant’s sentence, but the court should hear your story, regardless. If the defendant receives a 15-year sentence, it is because he was found guilty of a crime that allows for a 15-year sentence. He, and no one else, is responsible for the sentence he receives.
MS. JONES: Well, when you put it that way, there are a few things I would like to say to him, and to the court.
PROSECUTING ATTORNEY: Like what?
MS. JONES: I want him to understand that more people have been affected by his actions that night than he will ever know. He made a choice to drink and drive, and my son died because of it. He has to be held accountable for that. I want him to know that, because of what he did, my 4-year-old daughter is constantly worried about someone she loves dying – something no preschooler should ever have to think about, much less obsess over. I want him to know that she cries because she misses her big brother. I want him to know that my oldest daughter missed out on the joys of her senior year of high school because of the anxiety and depression she suffers from as a result of losing her brother, her best friend. I want to tell him how the celebration of my youngest son’s first birthday was overshadowed by the fact that we should have been celebrating his big brother’s 21st birthday as well. I wish I could make him understand the pain my husband and I feel every time we are asked, “How many kids do you have?” You don’t realize how often you are asked that question until you find yourself unsure of how to answer it. I want to describe to him the stomach ache I get when our little boy says or does something that reminds us of his big brother.
PROSECUTING ATTORNEY: It is your right to express all of that in your victim impact statement. When you are putting your thoughts and feelings into words for your statement, keep in mind that studies suggest that juries seem to more receptive to statements that are thoughtfully prepared and presented articulately, without underlying tones of anger (Schuster & Propen).
MS. JONES: I’ll do my best. I wish I could say that I’m not angry anymore, but I’m still working on it.
PROSECUTING ATTORNEY: I understand, and presenting your impact statement in court is an important part of the healing process. Many people have found the process to be cathartic, and to help bring closure to a very difficult situation (Schuster & Propen).
MS. JONES: I’m not looking for closure…I’m not sure I’ll ever find that. I just want to bring awareness to the crime that was committed. I’m sick of hearing it referred to as an accident.
PROSECUTING ATTORNEY: Well, your statement could potentially bring awareness to more people than just those present in the courtroom. Reporters are often drawn to the compelling stories that victim impact statements tell (MADD). If members of the media are present, which is certainly possible, they may run a story on it, which would then bring awareness to the entire community.
MS. JONES: And awareness is a good thing.
Works Cited
“Do Victim Impact Statements Make a Difference in the Courtroom? WATCH Examines Outcomes in Study Released Today.” U.S. Newswire (USA) 13 September 2006,: Newsbank . Web. 22 October 2009.
Hill, Trey. “Victim Impact Statements: A Modified Perspective.” Law & Psychology Review 29. (2005): 211-221. Criminal Justice Periodicals. Web. 14 October 2009.
MADD. “Your Victim Impact Statement.” Mothers Against Drunk Driving. 2003. Web. 29 September 2009.
Miller, M.E., et al. “How Emotion Affects the Trial Process.” Judicature 92.2 (2008): 56-54. Criminal Justice Periodicals, ProQuest. Web. 29 September 2009.
Schuster, Mary L., and Amy Propen. “2006 WATCH Victim Impact Statement Study.” Watchmn.org. WATCH. Web. 22 October 2009.
”2009 Florida Statutes.” Online Sunshine. Florida Legislature. (2009): Web. 27 October 2009.