New York's Discovery Law Reform Sparks Controversy Over Evidence Disclosure

A controversial debate is brewing in New York over the state's discovery laws, which were reformed in 2019 to require prosecutors to turn over evidence to defendants more quickly. The reform, known as Kalief's Law, aimed to prevent defendants from languishing in jail while awaiting trial. However, since the reform took effect, case dismissal rates have skyrocketed, with 62% of cases being dismissed in 2023 compared to 42% before the reforms.

Prosecutors and lawmakers argue that the strict deadlines for disclosing evidence are leading to technical dismissals of serious cases, including violent crimes. "We're not trying to roll back the 2019 law, but rather make common-sense adjustments to protect victims of crime," said Governor Kathy Hochul according to the NY Post. Prosecutors claim that judges regularly dismiss cases because of minor mistakes in supplying evidence, which is disproportionate and should not result in automatic dismissals.

On the other hand, defense lawyers argue that prosecutors are responsible for bringing charges against someone and providing the necessary documents. "Prosecutors have a constitutional obligation to turn over all discovery to defendants," said Tina Luongo, a lawyer with the Legal Aid Society, according to the NY Times. Defense lawyers dispute the notion that cases can be dismissed on a "technicality" and believe that the current law ensures that defendants have a fair chance to mount an informed defense.

The proposed changes to the discovery law will be part of broader budget negotiations among state lawmakers, who are both Democrats and have expressed discomfort with some changes. The Senate majority leader and Assembly speaker have expressed reservations about giving prosecutors total discretion in disclosing evidence and prefer to let judges arbitrate disputes over evidence.

As the debate continues, one thing is clear: New York's discovery laws will undergo significant changes in the coming months, shaping the future of the state's criminal justice system.

The 2019 reform, known as Kalief's Law, was enacted to prevent defendants from languishing in jail while awaiting trial.