Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.
“Jed Painter, an assistant district attorney from Nassau County, has been giving presentations on New York’s new state laws that limit bail, expand discovery in criminal cases and encourage speedy trials to audiences of lawyers and legislators across the state. But critics say Painter’s presentation helps prosecutors find legal loopholes to hold more defendants on bail and to delay trials.“
City & State New York
October 28, 2019
Read More“New York’s legislature reformed the state’s criminal legal system in March by adopting a slate of changes that criminal justice reformers have long championed. On paper, the 25 district attorney elections scheduled for 2019 offer the opportunity for another big overhaul, including on the very issues—bail, discovery rules, trial speed—that lawmakers just addressed.“
The Appeal Political Report
April 18, 2019
Read More“New York’s legislature reformed the state’s criminal legal system in March by adopting a slate of changes that criminal justice reformers have long championed. On paper, the 25 district attorney elections scheduled for 2019 offer the opportunity for another big overhaul, including on the very issues—bail, discovery rules, trial speed—that lawmakers just addressed.“
The Appeal
April 18, 2019
Read More“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“New York state lawmakers have passed a major overhaul of the laws that dictate what evidence must be turned over to defendants facing criminal charges. The new rules require that prosecutors share this evidence, known as discovery, at the earliest stages of a case. If a defendant facing felony charges is offered a plea deal, information must be shared at least three days before his deadline to accept.“
The Marshall Project
April 1, 2019
Read More“New York laws on pretrial process are among the most retrograde in the nation. Prosecutors can withhold evidence until the morning of trial. To keep it that way, the district attorneys’ association has made the fear-mongering claim that early disclosure of evidence would enable defendants to intimidate witnesses and victims.“
New York Times
February 28, 2019
Read More“New York’s elected district attorneys are at war with the governor and legislature over a new, first-in-the-nation, State Commission on Prosecutorial Conduct…,charged with reviewing claims that those charged with enforcing the law in a court of law might, themselves, be acting unlawfully. The District Attorneys Association of New York has sued to declare the Commission unconstitutional.“
New York Law Journal
December 12, 2018
Read More“A settlement between New York district attorneys and the state has killed a criminal justice reform measure that would create an independent body to investigate bad prosecutors. The District Attorneys Association of the State of New York sued in October over the legislation, which it argued violated the state Constitution, that would create a panel to go after dirty DAs. Under the agreement between the prosecutor’s group and the state both the lawsuit and the creation of the panel are on hold — with the state being prohibited from making appointments to the commission.”
NY Daily News
December 10, 2018
Read More“Instead, New York's district attorneys have chosen to remain affiliated with a lobbying organization that will do everything in its power to prevent the progress that the public demands. To be taken seriously as ‘progressive prosecutors,’ individual district attorneys must disavow their associations with DAASNY; if they want to, they can create their own organization to support criminal justice reform, rather than continuing to support efforts to stymie it.“
Albany Times Union
October 2, 2018
Read More"'Misconduct is obviously awful and needs to be stopped,' Pfaff said. 'But my general sense about what drives mass incarceration is less misconduct and more about prosecutors making decisions that are publically legal, but unnecessary'."
The Appeal
August 28, 2018
Read More"The purpose of the commission, which is modeled on New York’s successful judicial conduct commission, is not simply to punish cheating prosecutors, but to change the win-at-all-costs mentality that infects too many prosecutor’s offices. "
New York Times
August 14, 2018
Read More"The state bill passed with bipartisan support in both the Assembly and the Senate, and awaits Cuomo’s signature or veto. The commission, consisting of eleven judges, prosecutors, and defense attorneys appointed by the state’s chief judge, the governor, and legislative leaders, would be empowered to investigate and recommend disciplinary action against prosecutors in the state accused of misconduct."
Gotham Gazette
July 12, 2018
Read More"Last month, a bipartisan piece of legislation passed both the Republican-controlled New York State Senate and the Democrat-controlled Assembly. It would create a Commission on Prosecutor Conduct, with investigatory and subpoena power to respond to complaints made by everyday people who have grievances regarding their local district attorneys and their assistant prosecutors."
New York Daily News
July 2, 2018
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