Peter A. Crusco: ESI and the Unforeseen Consequences of the New Discovery Laws
Wednesday, June 24, 2020
Extract from Peter A. Crusco's article "ESI and the Unforeseen Consequences of the New Discovery Laws"
On Jan. 1, 2020, the new legislation regarding criminal discovery and statutory speedy trial went into effect. See, e.g., People v. Percell, 2020 NY Misc LEXIS 479 (Crim. Ct., NY Co., Feb. 10, 2020). At the time of its enactment, many stalwarts in the criminal justice arena including many progressive district attorneys praised the reforms as improving the cause of justice. Nevertheless, even those stalwart progressive DA’s came to acknowledge in one way or another that they were understaffed, unprepared and unfunded for the new requirements and coming digital deluge.
Similarly, issues were discerned early on concerning the legislated bail reform and, although changes were proposed, those changes were not instituted by the legislature. See, e.g, Rafael. A. Mangual, New York Post, “Sorry, New York: They Failed to Truly Fix the No Bail Law,” (April 1, 2020).
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