In an effort to enhance the fairness of trials, New York State mandated prosecutors to share evidence with defense lawyers prior to trials. However, many district attorneys report serious compliance struggles, leading to a notable rise in case dismissals, particularly in New York City. In response to these issues, Governor Kathy Hochul is advocating for changes to the discovery rules. Her proposals aim to ease penalties for late evidence disclosure and allow prosecutors to redact certain information without a judge's approval, arguing that such adjustments will enhance trial processing and deliver justice more effectively.
Six years ago, with crime rates at historic lows and Democratic progressivism on the rise, New York State began requiring prosecutors to turn over reams of evidence to defense lawyers well before a trial.
Many of the state's district attorneys say that their offices have struggled to comply with the new requirements and blame them in part for an increase in case dismissals, which rose 22 percentage points in New York City.
The governor, a Democrat, is backing a measure that would ease the consequences for prosecutors if they do not share evidence in a timely manner.
Ms. Hochul has said her plan will improve processing times and solve the problem of dismissals based on technicalities that can prohibit justice to victims and the people of the State of New York.
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