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AGENCY TESTIMONY

Challenges and unintended consequences of discovery law reforms

4:40:59

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110 sec

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DA McMahon highlights the significant challenges posed by discovery law reforms, emphasizing their unintended adverse impacts on the justice system and public safety.

Discovery reforms have resulted in case dismissals on technicalities and increased gamesmanship from defense attorneys
The reforms have led to longer custody times for defendants and delayed justice for victims
McMahon calls for modest changes to the discovery statute to address these issues while maintaining its original intent

Michael McMahon

4:40:59

And while there are many pressing public safety challenges, none are more important or have has have had an outsized impact on recidivism and the prosecutor's ability to keep New Yorkers safe as so called discovery reform.

4:41:13

Admirable in intent, the unintended adverse impacts and burdensome requirements of discovery reform have absolutely pummeled police and prosecutors alike resulting in combative gamesmanship from defense attorneys and the wholesale dismissal of cases across the state on technicalities.

4:41:34

This reality robs victims of crime from ever receiving justice and dangerous criminals, quality of life offenders, and recidivists from ever being held accountable for their actions in the courtroom.

4:41:48

The free, fair, and timely sharing of discovery with defense counsel is a bedrock of American jurisprudence.

4:41:54

However, the statute in its current form hampers justice more so than helps it.

4:42:00

Defendants are spending much more time in custody.

4:42:03

Cases are taking longer to adjudicate.

4:42:06

Victims' access to justice is being delayed or denied.

4:42:09

And in many instances, the very system which should be the guarantee of due process has become a labyrinthian black hole.

4:42:18

We are seeing thousands of cases across the state being dismissed or charges dramatically reduced.

4:42:24

This is the direct cause of the rampant and revolving door of recidivism we all know and loathe today.

4:42:32

To be sure, ameliorating the undue burdens and unintended consequences of the 2019 discovery statute is the top legislative priority of my office and my colleagues here today, this year with the state legislature.

4:42:46

But we need all of you to join us in the fight.

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