Progressives’ pro-crime discovery law lets abusers walk scot-free
Abusers in New York are evading justice due to the state’s lenient “discovery” rules and the politicians who support them. Last week, a Manhattan judge dismissed a case against a man accused of assaulting his girlfriend and humiliating her in front of others over a technicality. This decision left the victim vulnerable to further attacks, forcing her to relocate to escape her abuser’s harassment.
The reason for the case’s dismissal was the failure of prosecutors to disclose information about an officer involved in the arrest who had a minor disciplinary issue in the past. This seemingly insignificant oversight led to the perpetrator walking free and the victim being denied the protection she desperately needed.
New York’s 2019 discovery reforms mandate prosecutors to disclose a vast amount of irrelevant evidence, including disciplinary records of all officers present at the scene, within 30 days. If defense attorneys can demonstrate that prosecutors overlooked any detail, regardless of its relevance, the accused is released. This system has been exploited by defense lawyers, resulting in a 455% increase in forced dismissals since the law’s implementation.
Governor Kathy Hochul seeks to introduce some rationality by preventing cases from being dismissed unless the defense can prove that the oversight harmed the defendant. However, progressive legislators resist this change, turning a blind eye to the detrimental impact of these reforms on crime victims. Prosecutors are overwhelmed by the compliance burden, leading to a decline in the prosecution of domestic violence cases and a significant drop in misdemeanor convictions.
The primary objective of these laws appears to be to dismiss or avoid pursuing cases altogether, disregarding the well-being of victims. Victims who bravely report their abusers find themselves back in harm’s way due to these laws that prioritize criminals over the safety of those they harm. It is evident that the interests of abusers are valued more than those of their victims by the very laws meant to protect the vulnerable.
