Viewing a single comment thread. View all comments

theuncleiroh t1_jb2cvrn wrote

Glad to have your input, as someone working in the field. I'll offer some other relevant input, as someone who's been fucked over by the laws amended therein.

As a college student arrested for a protest charge, I didn't hear a thing for months. I finally show up for my first hearing, and my charges are elevated from misdemeanor to felony. No evidence presented, judge accepts. Now wait a few more months. I'm now at another university hours away. I start having to take monthly trips to go to hearing after hearing. Discovery went on for nearly 1.5 years, meaning I kept having to show up, sick or in health, impacted by school or not, etc, and make my dates. Trial pushed back the entire time, until it's finally time for it, and they drop all charges during pre-trial.

I'm sure having limited time for discovery limits prosecutors. I also know that prosecutors have something near a 10-1 material advantages over public defenders (there's a logic to this: PD defend only poor, prosecutors go after public and privately represented clients; this doesn't eliminate the impact on poor clients with even more overworked and under-resourced representation), not to mention structural advantages and inherently (& ideologically) better relations with police and judges. Sometimes a disadvantage on one side, as important and often benevolent that side may be, serves to right the balance-- so that innocent people don't have their lives ruined by endless court dates and unequal quality of representation.

11

Brolic_Broccoli t1_jb2gbaq wrote

Hey,

I completely understand where you are coming from and thank you for listening.

Your experience is exactly why reform was desperately needed in 2019, with the tragedy of Kalief Browder's case demonstrating that the "blind fold" law that NY previously had in terms of discovery needed to be completely overhauled.

I agree with each and every principal of the legislative intent behind enacting the changes. My critique from working in the field is that their built in enforcement mechanisms, aka having discovery tied into the speedy trial statutes, essentially doesn't work for the reasons I mentioned, putting victims in further harms way.

I might make a whole separate post for bail and discovery for non-practioners if there's interest.

4