Victim Impact Statements at Court-Martial Presentencing Proceedings
| Report Name and Recommendation # | Description | Recommendation and Implementation Status | Action |
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DAC-IPAD Victim Impact Statements Report R-43 March 2023 |
DoD and President) JSC should draft amendment to R.C.M 1001(c)(2)(B) |
Recommendation 43: The Joint Service Committee on Military Justice (JSC) draft an amendment to R.C.M. 1001(c)(2)(B) adding the words “or indirectly” to the definition of victim impact, amending the section as follows: “For purposes of this subsection, victim impact includes any financial, social, psychological, or medical impact on the crime victim directly or indirectly relating to or arising from the offense of which the accused has been found guilty.” IMPLEMENTATION: EO 14103, Annex 3, amends R.C.M. 1001(c) and victim impact statements at presentencing proceedings to remove the word “directly” before the words “relating to or arising from” from the definition of victim impact. These amendments took effect Dec. 27, 2023. |
EO 14103 (July 28, 2023) and R.C.M. 1001(c) (2)(B) |
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DAC-IPAD Victim Impact Statements Report R-44 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(3) | Recommendation 44: The JSC draft an amendment to R.C.M. 1001(c)(3) by adding a sentence stating that a victim impact statement may include a recommendation of a specific sentence except in capital cases. IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(3) to allow victims to recommend a specific sentence during their impact statements in noncapital cases. | EO 14103 (July 28, 2023) and R.C.M. 1001(c) |
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DAC-IPAD Victim Impact Statements Report R-45 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(A) |
Recommendation 45: The JSC draft an amendment to R.C.M. 1001(c)(5)(A) allowing submission of the unsworn victim impact statement by audiotape, videotape, or other digital media, in addition to allowing the statement orally, in writing, or both. IMPLEMENTATION: No response from DoD as of Nov. 2023. |
No action |
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DAC-IPAD Victim Impact Statements Report R-46 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(B) | Recommendation 46: The JSC draft an amendment to R.C.M. 1001(c)(5)(B) to remove the “upon good cause shown” clause to be consistent with the JSC’s proposed change to R.C.M. 1001(c) (5)(A). IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(5) to remove the requirement to show “good cause” in order for the victim’s counsel to read the victim impact statement. | No action |
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DAC-IPAD Victim Impact Statements Report R-47 March 2023 |
(DoD and President) JSC should draft amendment to R.C.M 1001(c)(5)(B) |
Recommendation 47: The JSC draft an amendment to R.C.M. 1001(c)(5)(B) to remove the requirement that the victim provide a written proffer of the matters addressed in their unsworn statement to trial and defense counsel after the announcement of findings. IMPLEMENTATION: EO 14103 amends R.C.M. 1001(c)(5) to remove the requirement that a victim provide a written proffer of the matters addressed in their victim impact statement to the trial counsel and defense counsel after the announcement of findings. |
EO 14103 (July 28, 2023) and R.C.M. 1001(c) (5) |