The role of the victims' advocate in postconviction proceedings is essential and complex. The advocate's usual role is to provide support, which will likely be needed during a postconviction proceeding as it may be extremely traumatic for surviving victims and their families to learn that a person found guilty is now attempting to vacate the conviction. The early involvement of victims' advocates lessens the chance of victims and their families making this discovery through the media and ensures that they are kept informed and treated with appropriate concern and respect.
In cases in which biological evidence was collected and still exists—and if the evidence is subjected to DNA testing or retesting, exclusionary results will exonerate the petitioner—advocates may also have to prepare their clients for the possibility that the inmate will be exonerated. If this occurs, advocates face the difficult task of providing support for the person whose misidentification of the culprit may have been the chief evidence leading to the original guilty verdict.
Advocates will at times be called upon to persuade a victim to agree to DNA testing even though the victim is convinced of the accuracy of the identification he or she made at the inmate's trial. For exclusionary purposes, samples may also have to be tested from persons who were engaged in sexual relations with the victim at the relevant time. Victims may be reluctant to provide names or to urge these persons to cooperate. In order to expedite postconviction proceedings, victims' advocates must make victims appreciate the desirability of cooperating because DNA testing may lead to the apprehension of the person who was truly guilty and prevent future criminal acts.
It is important to note that a number of States passed victims' rights statutes that require notification of victims, including notification of appeals proceedings, prison release, and application for pardon or commutation of sentence. Agencies involved in postconviction DNA cases should make certain they are complying with any applicable State statutes. (See a summary of DNA postconviction statutes prepared by the American Society of Law, Medicine & Ethics.)
Avoid unreasonable and intrusive sample collection. Explain technical aspects of testing and the significance of the samples request. Ensure that information about the location of victims and family members remains confidential.
Provide information about testing results in a timely fashion, in person, if possible.
See more information for victims' advocates.
Some or all of the content on this page was excerpted from the Special Report Postconviction DNA Testing: Recommendations for Handling Requests, developed under an award from the Office of Justice Programs' National Institute of Justice. See award product disclaimer.
