What is the test for the use of victim impact evidence in a murder trial?

California, United States of America


The following excerpt is from People v. Thomas, 11 Cal. Daily Op. Serv. 1656, 121 Cal.Rptr.3d 521, 2011 Daily Journal D.A.R. 1966, 247 P.3d 886, 51 Cal.4th 449 (Cal. 2011):

Defendant argues that victim impact testimony does not properly include the testimony of a nonfamily member who was not present when the victim was killed. As we have previously observed, victim impact evidence is not limited to the effect of the victim's death on family members [citation], [51 Cal.4th 508] but may include its effects on the victim's friends, coworkers, and the community. ( People v. Ervine (2009) 47 Cal.4th 745, 792, 102 Cal.Rptr.3d 786, 220 P.3d 820.)

Defendant next contends that victim impact testimony may not include personal characteristics of the victim that were unknown to the defendant. Defendant is mistaken. We have approved victim impact testimony from multiple witnesses who were not present at the murder scene and who described circumstances and victim characteristics unknown to the defendant. [Citation.] ( People v. Pollock (2004) 32 Cal.4th 1153, 1183, 13 Cal.Rptr.3d 34, 89 P.3d 353.)

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