§ 40-38-201 Short title
§ 40-38-202 Sentencing judge to consider impact statement prior to sentencing
§ 40-38-203 Part definitions
§ 40-38-204 Notification of opportunity to present impact statement – Policy – Development of impact statement form
§ 40-38-205 Impact statement to be part of presentence report – Contents – Number of statements
§ 40-38-206 Filing of presentence report
§ 40-38-207 Impact statement to be considered as evidence
§ 40-38-208 Submission of statement or cooperation in preparation of statement not required
criminal case

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Terms Used In Tennessee Code > Title 40 > Chapter 38 > Part 2 - Victim Impact Statement Act

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Victim: means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim. See Tennessee Code 40-38-203
  • Victim impact statement: means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated. See Tennessee Code 40-38-203
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Victim representative: means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative. See Tennessee Code 40-38-203
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105