TY - JOUR PY - 2010 TI - VICTIM OPINION STATEMENTS: PROVIDING JUSTICE FOR GRIEVING FAMILIES JF - Journal of Law and Family Studies; Vol 12 No 2 (2010) KW - N2 - Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This Note addresses in five parts the need for victims to have an opportunity to voice their opinions on the type and length of sentence that should be imposed on a defendant in a capital case. Part I gives a brief history of Booth v. Maryland and Payne v. Tennessee and address the ambiguities resulting from the Supreme Court's lack of clarity on whether a victim opinion statement may be admitted during the sentencing portion of a capital trial. Part II then outlines the lower court split and discusses how some courts perceive Payne as holding that the Eighth Amendment creates a per se bar against a victim's sentencing recommendation in a capital case. Part III reviews the reasoning of Professor Paul Cassell-one of the Nation's leading experts on victim's rights-for supporting the admission of victim impact statements during capital cases. Next, part IV addresses the opposition to the admissibility of victim opinion statements as violating the Eighth Amendment. Part V concludes by providing a brief recap of why the Supreme Court needs to rule with finality that allowing victims to submit their opinions during the sentencing phase of a capital trial does not violate the Eighth Amendment. UR - https://epubs.utah.edu/index.php/jlfs/article/view/368