Albany to crime victims: Drop dead
New York’s Legislature has come under fire for neglecting domestic violence victims in the state. The state Senate and Assembly recently released their budget drafts, which notably did not include any amendments to New York’s controversial discovery law.
The discovery law, enacted in 2020, has been criticized for placing a heavy burden on prosecutors and skewing the justice system in favor of criminal defendants. Under this law, prosecutors are required to collect and share a wide range of evidence with defense attorneys within strict time frames. Failure to comply with these requirements can result in the dismissal of cases.
One of the main issues with the law is the broad definition of “evidence,” which includes even remotely relevant information that may not be crucial to the case. This has led to a significant increase in case dismissals, with defense attorneys exploiting minor oversights by prosecutors to have cases thrown out.
The impact of the discovery law has been particularly devastating for domestic violence victims. Prosecutors, overwhelmed by the demands of the law, have been forced to decline prosecuting a higher number of domestic violence cases. This has resulted in a shocking number of cases being dismissed or declined, leaving victims without the justice they deserve.
One such victim, Maya Calver (name changed for privacy), saw her case against her abusive boyfriend dismissed due to a trivial oversight by prosecutors. Despite overwhelming evidence against her abuser, the case was thrown out over a minor technicality, leaving Maya vulnerable and without recourse for protection.
The proposed amendment by Gov. Kathy Hochul aims to address some of the flaws in the discovery law by requiring defense attorneys to prove that any overlooked evidence is crucial to the case before seeking a dismissal. This amendment could have prevented cases like Maya’s from being unjustly dismissed.
Despite the clear need for reform, “progressive” legislators and advocates have defended the discovery law, citing stable dismissal rates for serious felonies. However, this overlooks the significant impact on domestic violence cases and the countless victims who are left without justice.
New York’s Legislature is urged to prioritize the safety and well-being of domestic violence victims by enacting Hochul’s proposed amendment before the upcoming budget deadline. The current state of affairs is unacceptable, and lawmakers must take action to ensure that victims like Maya are not failed by the justice system.
