Governor Hochul of New York is championing the cause of the city's district attorneys, who are seeking to amend the state's evidence laws.
This move is aimed at reversing a progressive measure that has resulted in an alarming number of alleged criminals escaping punishment due to technicalities.
According to The New York Post, Governor Hochul was joined by all five of New York City's leading prosecutors, ranging from the liberal Manhattan DA Alvin Bragg to the conservative Staten Island DA Michael McMahon, in promoting the proposed reforms. The governor emphasized the urgency of addressing the issue of recidivism, stating, Were continuing to see a real urgent problem of a revolving door of criminals who are arrested and then let out on technicalities, free to commit crimes again.
Data from the Office of Court Administration reveals that the rate of criminal-case dismissals in New York City has surged from 41% prior to the discovery reforms to a staggering 62% in 2023. A significant change to the discovery laws, supported by the district attorneys and incorporated into Hochul's substantial $252 billion budget plan, would establish a time limit for defense attorneys to request a case dismissal based on an alleged evidence violation.
This adjustment would decrease the likelihood of cases being dismissed on technicalities, such as prosecutors failing to meet evidence submission deadlines, according to the governor's office. Governor Hochul also aims to reduce the range of materials that prosecutors are obligated to provide to the defense.
Under the current law, prosecutors must submit all items and information that relate to the subject matter of the case, a requirement that district attorneys across the state have argued is overly burdensome. Hochul's proposed bill would require prosecutors to submit only evidence directly related to the specific charge in the case.
The discovery practices were adjusted as part of the state's 2019 criminal-justice reforms, which also included the highly controversial bail laws. However, prosecutors have argued that these changes have resulted in an increased number of criminal cases being dismissed.
The reasons for these dismissals vary, but often involve paperwork issues under the discovery law that are unrelated to the merits of the case. For instance, Governor Hochul highlighted a case where an individual accused of a subway slashing was released due to a minor technicality.
The governor did not provide specific details, but a law-enforcement source informed The Post that the incident occurred in December 2022 on a Brooklyn subway platform. The accused individual was charged with first-degree assault after slashing a subway passenger without provocation. However, the case was dismissed by a judge who ruled that the prosecutors did not exercise the required due diligence under the law.
The issue of case dismissals extends beyond violent crimes. Darren Albanese, executive assistant district attorney for Staten Island, noted that dismissals are particularly common in misdemeanor cases such as drunken driving, domestic violence, lower-level sexual abuse, and retail theft under the discovery law. He stated, Simply, those cases are getting dismissed more than ever, and theyre getting dismissed on technicalities.
The majority of these case dismissals are due to a failure to comply with the discovery law, according to Albanese. The current rules require all evidence to be disclosed within 35 days in most cases, and even sooner in many others. If prosecutors discover and submit evidence after this deadline, they can be found to have violated the law.
The governor's office noted that these rules incentivize defense lawyers to manipulate the system by claiming to have not received the information weeks or months into a case, often leading to dismissals if a judge agrees with them. The proposed plan would establish a new 35-day limit for when defense attorneys can request a case dismissal based on alleged discovery errors.
Even Manhattan DA Alvin Bragg, a known critic of Albany's discovery law, has voiced his concerns, stating, This data makes clear that discovery is burying our prosecutors in paperwork that is often unrelated to the underlying substance of the case.
The proposed changes have been met with strong opposition from The Legal Aid Society, which accused Governor Hochul and the district attorneys of selectively using data to propagate a false narrative that the discovery reforms have increased recidivism and crime. Despite this, the District Attorneys Association of the State of New York, led by McMahon, voted to support Hochuls proposal, indicating a bipartisan consensus among prosecutors to restore balance to the criminal justice system.
While liberal lawmakers have fiercely resisted Hochuls proposals to amend the 2019 bail laws during 2023 budget talks, the governor remains steadfast in her commitment to reforming the state's evidence laws. Her proposed changes, if implemented, could significantly alter the landscape of New York's criminal justice system, potentially reducing the number of case dismissals and ensuring that justice is served.
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