Gov. Hochul Proposes Discovery Overhaul with DAASNY
Introducing Changes to Speed Up Trials and Keep Repeat Offenders Accountable
Governor Kathy Hochul proposed changes to the state’s discovery laws, aiming to speed up trials, keep violent people off the street, and hold repeat offenders accountable. The proposal was presented at a press conference in New York City alongside the District Attorneys Association of the State of New York (DAASNY).
Challenges with the Current System
Hochul highlighted a recent case where a court dismissed a case due to a delay in obtaining a medical record from the victim. The current discovery law, implemented in 2020, requires prosecutors to share evidence with defense attorneys quickly and early in the process. However, it has created a loophole that allows for wrongful dismissals based on technicalities rather than the crime.
Proposed Reforms
The governor’s proposal aims to eliminate retroactive penalties for successful challenges against prosecutors, which can result in the automatic release of accused individuals. Another proposed change includes automatic redaction of sensitive information, such as witnesses’ addresses, to prevent the release of confidential information.
Additionally, Hochul wants to reduce the 48-hour notice requirement for grand jury testimony to 24 hours, which could help smaller counties advance cases more efficiently.
DAASNY’s Support
DAASNY members overwhelmingly support the governor’s recommendations, citing that the current system has let repeat offenders cycle through the system without consequences. Staten Island District Attorney Michael McMahon, DAASNY’s outgoing president, attributed the unintended consequences of the 2020 law to the increase in recidivism rates.
Criticism and Alternative Proposals
The Legal Aid Society and other advocates have pushed back against the governor’s proposal, accusing critics of relying on cherry-picked data and ignoring fixes made in 2022. They argue that the current discovery laws have been effective in promoting fairness and transparency and that dismissal rates outside of New York City have actually decreased since 2019.
Another alternative proposal has been introduced by State Sen. Zellnor Myrie and Assemblymember Micah Lasher, which would give district attorneys direct access to police records in criminal cases through login credentials. This would allow police to focus on public safety rather than paperwork.
Consequences of the Proposal
Critics of the proposal argue that it would disproportionately harm marginalized communities and prolong wrongful imprisonments. The Alliance to Protect Kalief’s Law, a coalition of public defenders, civil rights groups, and exonerees, has launched an effort to push back against the proposal.
Conclusion
Governor Hochul’s proposal to overhaul the state’s discovery laws aims to balance the need for fairness and speed in the trial process. While the proposal has received support from DAASNY, it has also faced criticism from advocates who argue that it would undermine the progress made in promoting fairness and transparency in the legal system.
FAQs
Q: What is discovery in the legal process?
A: Discovery refers to the specific phase in the legal process when both sides in a case exchange evidence, such as documents or witness statements, before trial.
Q: Why is the current discovery law a problem?
A: The current law has created a loophole that allows for wrongful dismissals based on technicalities rather than the crime, leading to repeat offenders cycling through the system without consequences.
Q: What are the proposed reforms aimed at achieving?
A: The proposed reforms aim to eliminate retroactive penalties for successful challenges against prosecutors, provide automatic redaction of sensitive information, and reduce the notice requirement for grand jury testimony.
Q: What are the alternative proposals?
A: An alternative proposal has been introduced by State Sen. Zellnor Myrie and Assemblymember Micah Lasher, which would give district attorneys direct access to police records in criminal cases through login credentials.
