Study: Law Forces Prosecutors to Dump 69% of NYC Criminal Cases

A police officer carries handcuffs before a raid in the Brooklyn borough of New York, Tues
AP Photo/Seth Wenig
Amy Furr

A law has forced prosecutors to drop cases in New York City, which has only added to its crime problem, according to a study.

The issue resulted in suspects being freed without facing consequences, the New York Post reported Thursday:

The rate at which cases were dismissed citywide rose from 44% in 2019 — the year new “discovery” rules were adopted by state lawmakers — to 69% by mid-October 2021, the Manhattan Institute finds in the report, set for release Thursday.

For misdemeanor cases, the increase was even more dramatic, jumping from 49% to 82% during the same period, according to official data cited by the conservative think tank.

Social media users expressed their opinions on the matter, one writing, “NYC needs another Giuliani to clean house.”

“It’s appalling how broken the justice system is with the radical policies democrats impose. They empower criminals at the expense of the innocent,” another said.

Per its summary, the institute explained that prosecutors must give relevant material to attorneys before trial, and that process is known as “discovery.”

The study noted the state’s discovery rules were such a radical version of reform that even Manhattan District Attorney Alvin Bragg (D) was not happy with them, stating, “My Office’s lawyers and support staff continue their herculean efforts in managing discovery-related obligations.”

The statute has correlated with intensifying crime and a decrease in arrests being made, the study continued:

In New York City, adult felony arrests fell by 14% between 2019 and 2021, while NYC shootings rose by 102% and murders rose by over 51%.[7] Citywide, felony and misdemeanor drug arrests combined fell by over 48%—even though illegal drug activity expanded, evidenced by drug overdose deaths up by nearly 80%.[8] Aggregated NYC crime clearance rates dropped in the first quarter of 2020 and, other than one quarter since, have remained below 30% since then.

In addition, defense attorneys are pressed for time to read over the material and often do not open their discovery packages on time.

To make matters worse, many assistant district attorneys are deciding a job bogged down in “clerical drudgery” and affording “little gratification” is not worth keeping.

According to the Post, the discovery law is tied to bail reform.

Crime in New York City grew in 2022. However, New York Gov. Kathy Hochul (D) has claimed data did not show bail reform as being the root problem, Breitbart News reported in November.

“The New York City Police Department’s (NYPD) recent crime statistics show that year to date, rape was up 10.9 percent, robbery up 32.4 percent, burglary up 29.1 percent, and grand larceny up 38.5 percent,” the article said.

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