Landmark ruling: Prosecutors cannot force domestic violence survivors to waive past-trauma hearing

"The core of the landmark ruling in the case of People v. Hudson centers on the Domestic Violence Survivors Justice Act (DVSJA), a state law passed in 2019 aimed at providing a fairer path for people who commit crimes that are directly related to abuse that they have endured."

"The new ruling zeroes in on People v. Hudson, reversing a Second Department decision that found prosecutors could condition a survivor's plea agreement if he or she waives their right to a DVSJA hearing."

"We celebrate the Court of Appeals' ruling today that affirms that every survivor in the New York criminal legal system is entitled to a DVSJA hearing, regardless of whether they choose to accept a plea deal."

The New York Court of Appeals ruled that survivors of domestic violence cannot be compelled to forfeit their right to a Domestic Violence Survivors Justice Act (DVSJA) hearing when entering plea agreements. This decision reverses a previous ruling that allowed prosecutors to condition plea deals on waiving this right. The DVSJA, enacted in 2019, enables judges to consider a survivor's history of abuse during sentencing, potentially leading to reduced sentences. The ruling restores the authority of trial judges to hear critical mitigation information regarding survivors' trauma.

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