For 25 years, defense attorneys in criminal cases have been engaging Defense-Victim Outreach (DVO) specialists to assist in reaching out to family members whose loved ones have been murdered and to survivors of violent crime.  Based upon restorative justice concepts, DVO aims to better address the needs and concerns of individuals who have suffered harm, offering them the opportunity to engage with the defense team representing the person charged with committing the crime.  

“Restorative justice” is a centuries-old concept that draws from the practices of native people in North America and New Zealand.  As explained by Professor Howard Zehr at Eastern Mennonite University, a restorative justice approach asks:  who was harmed, what are their needs, and whose obligation is it to address these needs?   At its core, DVO recognizes the historical gap in communications between victims and defense teams, and represents a more holistic approach to the criminal justice process by recognizing and honoring everyone who was harmed and working to meet their needs in whatever ways might be possible.  

The role of the DVO specialist is to offer a safe and respectful avenue for family members and survivors to communicate with defense teams, should they choose to do so.  How these discussions might evolve is guided solely by each person.  Some want to express their concerns, beliefs, frustrations, and anger directly to the defense team.  Others have questions that can only be answered by the defense attorneys or the defendant.  And still others have specific questions about what to expect from the legal process, including the trial and later appeals.  There are many other possibilities, and the focus of DVO is to learn about each person’s needs and concerns, and to discern ways that the defense team might be able to offer information, assistance, and greater understanding throughout the legal proceedings.  

Defense-Victim Outreach does not duplicate the work of the victim advocate in prosecutors’ offices.  Rather, it expands the options available to survivors and family members by providing access to both legal parties in the criminal justice system.  Some families and survivors have said that they find it uniquely helpful to have a means of communication or a relationship with both the defense and the prosecution through their respective liaisons.  

Unlike other members of the defense team who have a fundamental duty to provide zealous representation to their clients, DVO Specialists do not serve as advocates for the defendant in court or otherwise.  Their only responsibility is to serve as the liaison between the defense and families and survivors.  The DVO specialist is available to learn what is important to family members and survivors, and work to find opportunities to better address the needs and concerns that stem from the harm caused by the crime. 

National Council for Defense-Victim Outreach, adopted October 25, 2021