Commentary: Strong discovery laws ensure due process
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A dangerous narrative is emerging around Gov. Kathy Hochul’s proposed rollbacks to discovery law. Prosecutors and law enforcement claim these changes will prevent recidivism, with NYPD Commissioner Jessica Tisch arguing the current law hinders efforts to keep violent criminals off the streets.
This conflates two issues. Robust discovery laws ensure due process and uphold prosecutors’ constitutional and ethical duties. Recidivism is driven by social factors like housing and reentry support, not withholding evidence from the accused.
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Limiting discovery won’t curb recidivism. It will only increase wrongful convictions.
Before the 2020 discovery reforms, New York’s “blindfold law” forced accused individuals — like me — to stand trial without access to full case information. Innocent people are particularly........
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