For many Americans, our knowledge of the criminal justice system is limited to what we learn from TV shows like Law and Order. While those shows attempt to present us with a relatively simplified version of legal practices, the reality is far more complicated—especially for defendants trying to plead their cases. Evidence entered into a trial can make or break a case and mean the difference between freedom and a prison sentence. But certain practices related to evidence work against defendants and do not allow them the ability to fairly defend themselves.
New York is one of 10 states where prosecutors can wait until just before trial to turn over witness names and statements and other evidence known as discovery, which backs up criminal charges. It is a strategic advantage that critics call unfair and unnecessary. [...]
More than 98 percent of felony arrests that end in convictions occur through a guilty plea, not a trial, according to the state Division of Criminal Justice Services, a slightly higher number than national figures.
This means that defendants and their attorneys aren’t always given the opportunity to see discovery materials in their cases. While defense attorneys are allowed to request evidence from prosecutors, their requests are often ignored, delayed, or countered—which means defendants are put in the position of either having to enter a plea prior to seeing the evidence against them or going to trial, which could result in a longer prison sentence.
This year, the New York State Bar Association for the first time is throwing its weight behind a new Assembly bill requiring prosecutors to automatically turn over police reports, witness names and statements and grand jury testimony early in the case. Their endeavor is backed by the Legal Aid Society and the Innocence Project, a nonprofit that helps exonerate people who have been wrongly convicted, although it faces a difficult road. There is no companion bill in the Senate, and Gov. Andrew M. Cuomo has not embraced the idea.
At the same time, the state court system is considering providing judges with a new tool to ensure that prosecutors turn over potentially exculpatory information.
This speaks to the continued hypocrisy and much-needed reform in the criminal justice system. In our legal system, a defendant is considered innocent until proven guilty—yet legislators are uninterested in backing reform efforts that make it easier for a defendant to have the evidence they need to effectively plead their case.
In the last 25 years, more than a dozen pieces of legislation have been introduced in New York to require prosecutors to turn over evidence to their counterparts. Yet district attorneys in the state consistently argue against this, citing concern for the protection of witnesses in these cases. But this seems to be nothing more than excuses designed to guarantee conviction rates. In Brooklyn, for example, where open and early discovery exists, the district attorney’s office has found a way to help defendants have a fair trial.
The acting district attorney, Eric Gonzalez, said that his office sometimes seeks protective orders to shield vulnerable witnesses or, more rarely, to relocate them. “We’ve been able to find the right balance in how to keep our witnesses safe and also make sure the process is as transparent and open as possible,” Gonzalez said.
And Brooklyn is not alone. States such as Ohio, New Jersey, and Utah all require that discovery be provided to the defense before a defendant enters a guilty plea. Still, New York City has a long way to go. Most people arrested on felony charges in the city plead guilty—mostly at their arraignment, which means they have no way of knowing the evidence the prosecution has against them or knowing if the charges are even accurate. And in a criminal justice system that disproportionately sends black and people of color to jail and prison, this kind of practice will most certainly impact minorities the most.
Bottom line: people who are held in jail on charges in New York often plead guilty—even when they are not, either because they cannot afford the bail (which is why bail reform is so sorely needed) or because they think its the fastest way for them to go home. Yet, they are often denied the ability to see the evidence against them. And that’s a practice that can and should be changed.
In our throw-away culture, we think some lives are automatically disposable. This especially applies to people in the criminal justice system, and is even more true when there is money to be made in keeping people locked up. But if we are to ever move closer to a system that treats each person fairly under the law, practices like these must be reformed.