BakedBread65 t1_jdya8k7 wrote

The system will always be flawed with this law. When you give a defendant the chance to dismiss a case because the prosecution didn’t turn over the memobook for the 6th officer who responded to a scene, the defense is going to file a motion to dismiss. Then that takes months to resolve, slowing down the case, and clogging the courts further. Now prosecutors are so busy all cases are being plead down, and nobody has time for trial, so tons of discovery is being shared so nobody goes to trial.

In the same way the bail law gives judges no discretion, the discovery law gives judges no discretion to weigh the importance/prejudice of any items not turned over.

Nobody is saying NY should go back to the old ways for discovery, but there are other states that have balanced criminal discovery in a way that doesn’t result in the dismissals NY has.


BakedBread65 t1_jchjkgc wrote

>Bail is required to be offered in almost all cases even murder.

Not true, some people are simply remanded.

>Otherwise the police could completely destroy lives (how long will your employer let you keep your job while you are in Rikers?) with the mere charge of any violent offense, and just drop charges after a few months of you being in jail without any consequence.

People often forget that for felonies where bail is set, the case has to be indicted in front of a grand jury within ~3 days of the offense. For violent offenses, that often means the victim has to testify or there needs be some other proof of the violent act.