this post was submitted on 08 May 2025
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Victim statements to the court are always emotionally manipulative. It's akin to playing a video of home movies of the deceased, and obviously the judge understands that it is a fictitious creation.
No, this is exactly why it shouldn't be allowed. This isn't akin to playing a video of home movies because this is a fake video of the victim. This is complete fiction and people thinking it's the same thing is what makes it wrong.
It is like a home movie in that it is an attempt to humanize the victim. There is no evidence in a home movie, no relevant facts, just an idea of the person that's gone. You're right that one is a memory of something that happened while the other is a fabrication of something that might have happened, but they are both equally (ir)relevant and emotionally manipulative. Many jurisdictions do prohibit victim statements beyond a written or verbal testimony. Some countries and states require you to use a form and won't admit statements that do not adhere to the form.
Also remember that this is for the judge, not a jury.