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August 12, 2015

New Hampshire enacts novel law requiring defendant's presence in courtroom for victim impact statements

As reported in this Reuters piece, headlined "New Hampshire to make criminals face victims' families at sentencing," one ugly sentencing case has lead the Granite State to enact a novel sentencing procedure law. Here are the details:

New Hampshire Governor Maggie Hassan on Tuesday signed a law that requires convicted criminals to appear in court at sentencing when victims’ families and friends are given the opportunity to express their pain. The law, believed to be the first of its kind in the United States, was proposed after a man convicted last year of murdering a 19-year-old college student asked not to attend his sentencing, saying he didn't want to hear the victim's family “yell and whine and bitch and moan.”

In the end, convicted murderer Seth Mazzaglia, 33, dropped the request and attended the sentencing, where family members of his victim, Elizabeth "Lizzy" Marriott, expressed profound grief and anger toward him.

Her father, Bob Marriott, was among several relatives of crime victims who backed the bill. At the bill-signing ceremony, Hassan praised Marriott “for speaking up on behalf of his daughter Lizzy, for his family, and for all families impacted by crime.”...

The signing comes almost a year to the day after Mazzaglia was sentenced to life in prison without parole for first degree murder involving sexual assault, among other crimes. He was accused of having his girlfriend lure Marriott to their apartment so he could have sex with her. Prosecutors alleged Mazzaglia strangled Marriott after she rejected his sexual advances and then raped her lifeless body.

The key text of this new law, which can be found here, provides that the "defendant shall personally appear in court when the victim or victim's next of kin addresses the judge, unless excused by the court." The final phrase of this provision, which allows the court to excuse the defendant, confirms my instinct that this new sentencing law is much more about symbolism than substance. That said, especially because the symbolism of the sentencing process is often quite important to crime vicitms, this novel law strikes me as a beneficial way to give victims that much more respect in a sentencing process that sometimes forgets about their various concerns.

August 12, 2015 at 09:28 AM | Permalink

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