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Defense-Initiated Victim Outreach (DIVO)

Defense-Initiated Victim Outreach (DIVO). What is DIVO?. History Principles Victims and Defense Attorneys Practices. DIVO.

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Defense-Initiated Victim Outreach (DIVO)

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  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. Reasons for Defense to Contact Victim Survivors • Survivors may have interests that can be met by the defense. • Contact with survivors is essential to investigation of the case Source: Guidelines 10.9.1(B)(7) & (8)(G), American Bar Association, Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (2003).

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

  10. 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

  11. Role of Victim Survivors at Trial • Potential witnesses at: • Culpability Phase • Penalty Phase • Survivors may have input into prosecution’s decision of what sentence to pursue Source: Commentaries to Guidelines 10.7 & 10.11, American Bar Association, Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (2003).

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

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

  14. 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? • What’s in it for the defense?

  15. FAQ: Victim Outreach Specialists • How are Victim Outreach Specialists paid? • Can the Victim Outreach Specialist testify? • How do I hire a Victim Outreach Specialist?

  16. Thank You!!

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