NCJ Number
237431
Date Published
2010
Length
6 pages
Annotation
This bulletin presents professionals who serve crime victims with the guidance needed to provide informed and sensitive assistance in cases that involve the exoneration of the convicted person through post-conviction DNA testing.
Abstract
When cases are revisited due to the introduction of DNA evidence that was not available at trial, certain victim rights come into play, including the right to notification of the post-conviction DNA testing that may reverse the conviction, the right to apply for compensation for counseling that may result from trauma induced by revisiting the case outcome, the right to a resolution of the testing without undue delay, and possibly the right to be present at any related proceedings. This report describes how compliance with these victim rights should be implemented in such cases. The report also provides guidance on why and how victims should receive support services when post-conviction DNA testing and exoneration occur. This includes providing referrals to counseling services during and after the testing; responding to and respecting victims' individual needs, being prepared to answer questions about the testing and possible exoneration, and mitigating any disruption to the victim's life. Should exoneration of the convicted person be the outcome of the testing, the victim-service professional should provide notice of an exoneration in person and with a trained support person, if possible. Other issues that may need to be addressed due to an exoneration are victim guilt at identifying the wrong person, explaining that the DNA evidence can lead to the identification of the real offender, and ensuring victims that the police will vigorously pursue the investigation until the real offender is arrested. Suggestions are offered for additional resources.