The earlier a victim or survivor can learn about renewed case activity around a post-conviction claim of innocence and possible exoneration, the better they can prepare for any outcome, take steps for physical and emotional safety, and exercise their rights.
Initial notification about renewed case activity should occur early in the post-conviction review process, after which victims and survivors should determine for themselves whether and how they want to receive continuing information during the post-conviction process. No victim or survivor should learn about an impending exoneration and release at the last minute or after exoneration and release have already occurred.
While the responsibility for contacting victims and survivors and offering services in these cases often falls to prosecution agencies involved in the post-conviction proceedings, other professionals, such as law enforcement officers, judges, and advocates, also play a key role. Collaboration across all agencies is critical, and a multi-disciplinary team approach is strongly recommended.
These principles form the foundation of the other resources offered here and should guide and inform all post-conviction outreach to victims in these cases.
A step-by-step guide and checklist for your agency and team to conduct trauma-informed victim notification and provide continuing support in these cases as the post-conviction case review and potential exoneration process unfold.
A sample policy that can be adapted for your agency, covering all aspects of victim engagement in these cases – from initial notification when case review begins through the end of the review process and final outcome of the case.
A resource template that can be adapted by your agency to give to victims, including information about the case review process, what you can offer in the way of support, and where additional support can be found.
These resources are intended to be used together, with the Guiding Principles setting forth the overarching values and goals and the Guidelines for Practitioners serving as a practical checklist. The Sample Agency Policy and Sample Information Packet are specific tools that can be adapted by individual agencies for use in the field.
Victim notification, information, and support are warranted at many different points across the post-conviction case activity, as required by state law or victims’ rights, or in instances where the victim or survivor could learn about renewed case activity from an untrained third party, such as the media or a representative of the incarcerated individual.
Renewed case activity, such as conviction review.
Motions or petitions relating to new forensic testing, newly discovered evidence, or writs of
factual innocence.
Court hearings, findings, and decisions on all motions
and petitions.
Hearings and decisions by a governor’s office relating to claims of factual innocence.
Release from prison.
Search for and prosecution of the actual perpetrator.
To learn more or request assistance, please contact Claire Exley at cexley@healingjusticeproject.org.
Healing Justice provides training and technical assistance to help agencies and professionals expand post-conviction victim services and protect victims’ rights. These programs include specialized training, the development of customized tools and resources, recommendations on individual cases, assistance with supporting crime victims and survivors, and more. Learn more on our webpage for agencies & practitioners.
Most crime victims and survivors in these cases feel alone throughout the post-conviction process. The Post-Conviction Survivor Resource Center (PCRC) is a website where victims can find critical information and get support during the post-conviction process. On the PCRC, they can access resources and information, and connect directly with a trained victim advocate for individualized support.
On the PCRC, victims can also find videos that share the individual stories of others directly impacted by these cases and seek to provide peer understanding and support. To ensure the privacy of these individuals, the videos are password-protected, and permission must be requested to view them. Please note that these videos involve deeply emotional content, including graphic descriptions of crimes.