Defense-Initiated Victim Outreach (DIVO)

1. Defense-Initiated Victim Outreach(DIVO)

2. What is DIVO? History Principles Victims and Defense Attorneys Practices

3. DIVO Defense-Initiated Victim Outreach is a mechanism by which victim survivors may have access to the defense in order to address interests and needs that can only be met by the defense.

4. DIVO: History • Oklahoma City Bombing • Federal System • Georgia • Texas • Louisiana

5. DIVO: Relationships • Crime creates an involuntary relationship between victims, defendants, and survivors. • DIVO seeks to acknowledge that relationship. Victim Survivor Defendant Primary Victim Victim Survivor

6. DIVO: Underlying Principles • The offender must address the harms caused by the offense - Some of these harms can be addressed only by the offender. • The defense team must often be the proxy for the client in addressing the harms caused by the offense.

7. DIVO: Dual Emphasis

8. Victim Survivor Interests • Information about the defendant • Information about the crime • How the victim / survivor family wishes to be acknowledged in court

9. Victim Survivor interestscon’t. • Return of non-evidentiary property • Questions about defense strategy • Why the need for a trial in the event of a confession • Elements of a plea

10. DIVO: Implementation in (area) • Describe • Describe • Describe • Describe

11. Working with a VOS • Selection • Independent work • Memorandum of Understanding • Collaboration

12. Why Can’t a Prosecutor-based Advocate Do This Work? • Use of information • Neutrality • Provision of services • Source of information

13. FAQ: Defense Initiated Victim Outreach • Is DIVO an anti-death penalty initiative? • Why can’t a mitigation specialist or investigator be used instead? • When does DIVO happen? • Why capital cases?

14. FAQ: Victim Outreach Specialists • What’s in it for the defense? • How are Victim Outreach Specialists paid? • Can the Victim Outreach Specialist testify?

15. Thank You!!