Six years ago, with crime rates at historic lows and progressivism on the rise, New York began requiring prosecutors to turn over reams of evidence to defense lawyers well before a trial. The goal was to level the playing field for criminal defendants, who often took plea deals without understanding the full scope of the case against them. Many district attorneys they have struggled to comply with the new requirements and blame them in part for an increase in case dismissals, which rose 22 percent in New York City. They have urged state leaders to consider changing the so-called discovery rules, and have won a powerful ally, Gov. Kathy Hochul. She is backing a measure that would ease the consequences for prosecutors if they do not share evidence in a timely manner. Her proposal would also let them redact information without a judge’s permission, the New York Times reports.
Hochul says her plan will improve processing times and solve the problem of dismissals “based on technicalities that can prohibit justice to victims and the people of the State of New York.” Her stand on the issue reflects a broader shift in the priorities of politicians across the nation. In recent elections, Republicans have made gains by accusing Democrats of being soft on crime. New York’s leaders have sensed the shifting winds and grasped for ways to show voters they are taking their public safety concerns seriously. “There is a swing back toward pragmatism on how we approach the criminal justice problem,” said Lee Kindlon, a Democrat and Albany’s district attorney, who was a defense lawyer before taking office in the fall. “The politics have changed.” Hochul's plan has alarmed defense lawyers, who say it would return New York to the days when prosecutors would face no consequences for waiting until the day of trial to share evidence, depriving defendants of the chance to mount an informed defense.
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