As the political landscape leans right, New Yorkers are becoming increasingly frustrated with the consequences of “reforms” that have skewed power towards criminals at the expense of law and order. Citizens are now calling for safer subways and a reduction in the number of violent individuals released back onto the streets. They are beginning to see a link between New York’s leniency towards prosecuting minor offenses and the escalating sense of danger in the city.
A proposed bill by state senator and potential mayoral candidate Zellnor Myrie and newly elected assemblyman Micah Lasher signals a potential shift in the stronghold that progressive ideology has had on criminal justice policies. In a recent opinion piece, Myrie and Lasher, who represents a more moderate stance, acknowledged the detrimental effects of New York’s extensive 2019 discovery “reform.” They noted a significant 21% rise in dismissed criminal cases over the past five years and the minimal number of cases actually going to trial as a direct result of the reform.
According to NY Senator Jamaal T. Bailey, law enforcement should view arrests and prosecutions as limited resources and consider the implementation of discovery as an opportunity to reduce the number of cases in the system. The 2019 law now requires local prosecutors to compile a vast array of “evidence” for each case, including irrelevant materials like empty police memo books and repetitive surveillance footage. Defense attorneys are not held to the same standard of reviewing this evidence, leading to a disproportionate burden on prosecutors and a higher likelihood of cases being dismissed.
This imbalance has allowed dangerous individuals to remain on the streets rather than face consequences for their actions. Prosecutors, overwhelmed by the demanding discovery process, are forced to drop numerous low-level cases. In New York City alone, there was a significant increase in the dismissal of misdemeanors last year, including offenses such as domestic violence, drunk driving, shoplifting, and fare evasion.
The connection between evidence collection and New York’s “speedy trial clock” has further complicated the legal process, with cases being automatically dismissed if prosecutors miss deadlines. Defense attorneys have exploited this loophole to their advantage, leading to a drastic rise in dismissals statewide. In 2021, a leaked document from the Legal Aid Society encouraged defense lawyers to continue raising discovery-related issues in order to secure dismissals.
This breakdown in the prosecution process has resulted in a troubling increase in dismissals, jeopardizing public safety and allowing criminals to evade accountability. The need for a more balanced approach to criminal justice policy is becoming increasingly apparent as New Yorkers demand a return to a system that prioritizes the safety and well-being of all residents.
Lawmakers were optimistic and cheered as they aimed to achieve their goal. During the legislative debates on the implementation of the law, Senator Jamaal Bailey emphasized the importance of law enforcement prioritizing arrests and prosecutions as scarce resources. He suggested that the implementation of discovery should be seen as an opportunity to divert many cases away from the criminal justice system entirely.
At the Chabad Lubavitch World Headquarters excavation trial in Brooklyn Supreme Court on Monday, January 13, 2025, defendants entered guilty pleas during the pretrial phase. This development prompted questions about the changing approach to punishing misdemeanors, with some critical of the perceived leniency advocated by ideological lawmakers.
However, the introduction of a new bill by Myrie and Lasher hinted at a potential shift, at least in rhetoric. The proposed legislation aimed to grant prosecutors direct access to crucial police records, a move that was generally viewed as reasonable. However, concerns were raised about the practical implications and legal complexities of such a measure, suggesting that it might be more effective as a funded initiative rather than a strict legal requirement.
Assemblyman Micah Lasher suggested that the stronghold of progressive ideology on criminal justice policies might be loosening, indicating a growing awareness of the impending debate around discovery reforms in New York’s budget discussions. Governor Hochul highlighted her own proposal for discovery reform as a priority in her criminal justice agenda, signaling the significance of the issue.
Despite these developments, there were reservations about the proposed bill as it was perceived to potentially tip the scales of justice in favor of criminal defendants. Critics argued that defense attorneys would still not be mandated to thoroughly review evidence, a point that was enthusiastically supported by the Legal Aid Society, emphasizing the bill’s perceived bias towards defendants.
State Senator Zellnor Myrie echoed Lasher’s sentiments and together they sponsored a new ‘discovery’ bill, indicating a growing momentum towards revising current practices. The evolving political landscape in Albany suggested a gradual shift away from the more extreme progressive stances within the Democratic Party, with a call for amendments to the discovery law to restore a balance between safety and due process.
The proposed amendments included the requirement for prosecutors to collect evidence directly relevant to the crime, with broader evidence collection only mandated for cases that proceed to trial. Additionally, there was a proposal to separate the discovery process from the state’s ‘speedy trial’ timeline to prevent cases from being dismissed due to procedural constraints rather than substantive justice considerations.
The text highlighted the importance of bipartisan cooperation in ensuring that criminal justice policies are fair and effective, cautioning against policies that might inadvertently favor criminals over prosecutors. Hannah E. Meyers, a respected figure in the field, provided insights into the ongoing discussions surrounding policing and public safety issues, underscoring the need for balanced and thoughtful reforms in the criminal justice system.
