A new research paper by Wayne A. Logan of the William Mitchell College of Law examines the constitutional, ethical and legal issues raised by victim impact evidence. In his article, “Victims, Survivors and the Decisions to Seek and Impose Death,” Logan notes that the U.S. Supreme Court’s landmark 1991 decision in Payne v. Tennessee opened the door for survivors of murder victims to testify about the social, emotional, and economic losses resulting from the murder of their loved one. Since this ruling, such testimony has been broadly used throughout the nation and can often be a major factor considered by jurors in capital punishment trials.
(William Mitchell Legal Studies Research Paper No. 12, in WOUNDS THAT DO NOT BIND: VICTIM-BASED PERSPECTIVES ON THE DEATH PENALTY, James R. Acker, David R. Karp, eds., Carolina Academic Press, 2005) Read the paper. See also Victims and Resources.
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