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November 14, 2012
STATE BAR PRESIDENT SEYMOUR W. JAMES,
JR. CREATES TASK FORCE TO REFORM CRIMINAL DISCOVERY RULES
New York State Bar Association President Seymour W. James, Jr. has
created a Task Force on Criminal Discovery Reform to study issues
relating to the exchange of critical information by prosecutors and
defense attorneys prior to trial.
Discovery is a process that allows prosecutors and defendants to learn
about the facts or evidence that are the basis for the other
side’s case. Early discovery allows each side to better prepare
for trial, reducing the possibility that surprise evidence is introduced
after the trial is under way.
Within New York state—and even New York City, discovery
practices vary widely. In most counties, defendants routinely receive
limited information from district attorneys about their cases before
trial. Too often, important information comes too late for defense
attorneys to investigate, to fairly weigh plea offers or to mount a
legitimate defense.
In contrast, prosecutors in a few counties, including Kings County,
share all or most of the information in their case files with the
defense before a trial begins, a practice known as
“open-file” discovery.
“New York’s discovery statute sets significant limitations
on the material available to the opposition in criminal cases. In fact,
New York’s statute is one of the most restrictive in the
country,” said James (The Legal Aid Society in New York City).
“We are hopeful that the task force will identify and help bring
about needed reforms.”
To read the entire press release, click here.
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