Making New York as Progressive on Criminal Justice as Texas

January 16, 2019 In the Press

Current state law in New York allows prosecutors to conceal crucial evidence from defense attorneys and their clients until shortly before the time of trial. 

A recent opinion piece in the New York Times makes the case for repealing the statute responsible for withholding evidence and passing legislation that would release crucial information at the beginning of an case.

Their Editorial Board argues,

Prosecutors in New York do not have a legal obligation to turn over in a timely fashion all police reports, witness names, DNA evidence, surveillance footage or anything else from their investigative files ...

Most states, including the law-and-order bastion Texas as well as North Carolina and New Jersey, have changed their laws and procedures to allow open and early disclosure of evidence in criminal prosecutions, which has led to fairer outcomes and deterred prosecutorial abuse.

Now New York has a chance to join the mainstream on this issue.

Featured image: Evidence, February 25, 2011. Photograph by Phil Roeder / Flickr