Destroyed by Discovery: How New York State’s Discovery Law Destabilizes the Criminal Justice System | Manhattan Institute

Prosecutors are required to hand over relevant material to defense attorneys prior to trial, a process referred to as “discovery.” Discovery is fundamental to a fair trial because it is impossible for defendants to make informed plea-bargain decisions if they do not know the strength of the…
— Read on www.manhattan-institute.org/how-new-york-discovery-law-destabilizes-criminal-justice-system

The New York State Trial Penalty: The Constitutional Right to Trial Under Attack

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system.
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