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Jury Decision Making and the Effect of Victim Impact Statements in the Penalty Phase

Research supports the finding that jurors' decisions are affected by many variables other than the evidence presented during trial. Most of this research has focused on jury decision making during the guilt determining phase of the trial, while very little study has been devoted to the sentencing phase. As victims of crime have demanded more attention in the criminal justice system over the past decade, more cases and research have focused on the “rights” of victims and how they may have an impact on the outcome of a criminal trial. This article examines the research regarding the variables which affect jury decision making during the guilt and penalty phases of a criminal case while emphasizing the need for further research in the area of how victim impact evidence affects the jury's decision.