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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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“The Fifth Amendment is an old friend and a good friend, one of the great landmarks in men’s struggle to be free of tyranny, to be decent and civilized.”

— Justice William O. Douglas 

 

Prosecutors’ Failure to Adhere to Brady’s Requirements an Ongoing Problem

NYSACDL President Richard Willstatter writes in a letter to the Editor of the New York Law Journal that “[p]rosecutors all too frequently violate defendants’ right to receive favorable information.”  (D.A.s Policies Fail to Protect Rights,NYLJ, July 31, 2012).  Mr. Willstatter writes in support of New York State Bar Criminal Justice Section Chair Marvin Schechter who, in his Message from the Chair, Summer 2012, laments the systemic failure of prosecution offices to level the playing field by disclosing favorable information to the defense.   Mr. Schecter’s Message, in turn, prompted an outcry by District Attorneys Association of New York which took issue with Mr. Schecter’s observation that concealing favorable material from the defense is a tactic which prosecutors are taught.  (D.A.s Challenge Claim by Bar Section Head They Undermine ‘Brady‘, by Joel Stashenko, NYLJ July 30, 2012).  Noting that Brady violations are a prime contributor to wrongful convictions, NYSACDL supports broad discovery reforms. As NYSACDL President Willstatter writes: ”As the D.A.s should know, the state bar’s Task Force on Wrongful Convictions found that Brady violations are a continuing problem, denying defendants a fair opportunity to organize and present a defense. That is why the state bar endorsed A.4879/S.3276 and one major reason why broad discovery reform is required and is sought by our association, the New York Civil Liberties Union, the Innocence Project, the Legal Aid Society, and the National Association of Criminal Defense Lawyers, among others. Predictably, these needed reforms are resisted by the district attorneys association.”