Call on the NYS Legislature to repeal Criminal Procedure Law Article 240 and replace it with a law mandating Early, Open, and Automatic pre-trial discovery.
Why is this important?
The Problem:
In New York State it is legal to withhold information pertinent to criminal cases from a defendant and his/her defense attorney until the very moment of trial. This is not because the information is unavailable; it is because the prosecution is not required to turn over information earlier. For example, prosecutors are not required under current law to submit police reports, prior testimony, witness statements, and any other evidence to the defendant until trial begins, and in some cases, not until the first witness testifies. A prosecutor has discretion to decide whether or not evidence might help a defendant or cast doubt on his guilt and can choose to withhold it. Not only does this deprive the defendant of a fair chance to prepare a defense at trial, but it costs taxpayers and the judicial system a great deal of time and money on unnecessary hearings, trials, and post-conviction lawsuits when pertinent evidence is withheld.
The Solution:
We request that the New York City Council pass resolution 0430-2014 which calls on the New York State Legislature to pass, and the Governor to sign, legislation to repeal Criminal Procedure Law Article 240 and replace it with a law mandating early, open, and automatic pre-trial discovery.
