New York's discovery law spurs dismissal of serious crimes

New York's discovery law is facing criticism for allowing serious criminal cases to be dismissed on technicalities. This law requires prosecutors to share evidence with defendants. However, it does not consider the severity of the crime when a case is dismissed. This means that even serious offenses like rape could be dropped. Since the law was updated in 2019 to improve transparency, many district attorneys have supported it. They believe in open discovery but are concerned about loopholes. These loopholes can let dangerous individuals escape justice, sometimes leading to re-offending. Dismissals due to discovery-related issues have significantly increased. The number jumped from 12,398 cases in 2019 to 42,212 in 2023. This does not include cases that were plea-bargained or dismissed in smaller local courts. The problem extends beyond New York City. In other areas, drunk driving cases are also being dismissed because of these issues. Some defense attorneys even encourage clients to delay cases, hoping for missed deadlines in discovery. One alarming example involved a case where a person charged with forcible touching had their case dismissed, despite the presence of video evidence found after the dismissal clock had expired. This has raised concerns about the message it sends to potential offenders and victims. Governor Hochul has suggested changes to the law. Her proposal aims to prevent dismissals when the late discovery does not harm the defendant's case. These changes would not reduce the types of evidence required but would create sensible solutions to keep justice intact. Many believe these amendments are necessary to protect victims and public safety. Lawmakers are urged to act quickly to address the current flaws in the discovery law.