Recent comments in /f/nyc

F1yMo1o t1_jb2i5ey wrote

All systems follow the same path - boomers use great investments made by their forebears, don’t pay it forward, pull the carpet up and complain about the younger generation. The field doesn’t matter, it’s true everywhere. Subway infrastructure is not immune.

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WhatAGeee t1_jb2hvdk wrote

there are big cities in the world where this is practically non-existent, instead of blaming people for being out at night, you should be calling for more safety/better policing.

Besides, what if they work night shift, what if they just got discharged out of a hospital, what if they had some other emergency they had to go for? there's lots of reasons someone could be out late besides just going out for fun.

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jvspino t1_jb2hccz wrote

I mean, law enforcement gets more funding than other critical areas, like education and infrastructure. I'm not sure this is intentional crippling like you're suggesting it is, though I'd hope lawmakers and judges clarify the law so that it's not a a get out of jail card. However, as I replied to someone else, I don't think the answer is necessarily to go back to the old system, which had it's own slew of issues. We should strive to do better, even when the answers aren't clear cut.

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Brolic_Broccoli t1_jb2h0ee wrote

Hey,

Thanks for taking the time to read my wall of text comment.

I agree with each part of the legislative intent - and the baby should not be thrown out with the bath water here. The Reforms were badly needed in 2019. Defendants are absolutely entitled to each and every relevant piece of information that is helpful to their case. It's the enforcement mechanisms tied into the matter - such as having the entire case dismissed - because the statutory speedy trial deadline passes amongst other issues.

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Brolic_Broccoli t1_jb2gbaq wrote

Hey,

I completely understand where you are coming from and thank you for listening.

Your experience is exactly why reform was desperately needed in 2019, with the tragedy of Kalief Browder's case demonstrating that the "blind fold" law that NY previously had in terms of discovery needed to be completely overhauled.

I agree with each and every principal of the legislative intent behind enacting the changes. My critique from working in the field is that their built in enforcement mechanisms, aka having discovery tied into the speedy trial statutes, essentially doesn't work for the reasons I mentioned, putting victims in further harms way.

I might make a whole separate post for bail and discovery for non-practioners if there's interest.

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jvspino t1_jb2g3br wrote

I appreciate your perspective on the matter. It seems like there's opportunities to specify how and when these should be taken into account because I agree situations like the domestic violence one you discussed shouldn't be dropped. However, I'd hesitate to throw out the baby with the bathwater here - accountability and transparency are important in the justice system. Maybe I'm naively optimistic, but I'd really hope we can improve the system so that it's reasonably efficient but still gives people a fair shot at defending themselves. I don't think the solution should be fully rolling back these changes, as some other people seem to be suggesting.

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Brolic_Broccoli t1_jb2fhfd wrote

It's not just a "system", there is already an electronic discovery system in place that gets the documents and various other discovery, surveillance, lab reports, video metadata, intoxilyzer/PBT calibrations etc etc. 99/100 a prosecutor receives all of the paperwork that they need to actually be able to prosecute the case, that's not an issue.

There are numerous factors and variables at play that lead to absurdly high dismissal rates. First, prosecutors don't only acquire need to acquire all of the discovery material..There aren't enough prosecutors to review hundreds of hours of police body cam footage, police and paperwork and redact witness home addresses so they are protected. Just look at the Bronx DA walkout. You would need to hire about 5X the amount of prosecutors in each borough to be able to get through all of the paperwork and that's not feasible. The new executive budget bill barely allocates any more funds for discovery. This work can't be pawned off on paralegals either, because each prosecutor must do this themselves on each and every case. Second, what is "all paperwork/discovery relating to an arrest"? This opens the door to an infinite number of arguments. Do weather reports count? How about the names and contact information of 20+ unidentified passerbys who are impossible to get because of how populous NYC is? And these people aren't being called in to testify either. Regardless, because a random person may or may not have seen something, then it's a question of is it discoverable? If a Judge rules that it is, the case is automatically tossed, and this is after 20+ hours were already put into the case and thousands of files and all video files known to exist have been turned over. These are just some of the issues and it's a non-exhaustive list, the reforms create an endless rabbit hole which leads to an inordinate rate of dismissals.

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