Activists and Officials Demand Criminal Prosecution Reform

Under New York law, criminal prosecutors are allowed to withhold evidence from the defense until right before that evidence is used in court. This means that defendants and their

lawyers must build their cases without full knowledge of what information the prosecution has. Some New Yorkers have decided the time has come to change this law. 

On Monday morning, the front steps of the Bronx County Courthouse played host to a group of police officers, lawyers, lawmakers, activists, and people who have been wrongfully convicted in the past. They are advocating for the repeal of Criminal Procedure Law 240, which makes it possible for prosecutors to withhold certain types of evidence, like the identity of key witnesses, from the prosecution until it is needed in court. The advocates for its repeal argue that it does more harm than good. They want to pass a new law, CPL 245, that will require prosecutors to present all evidence (except in outstanding cases) to be presented at the beginning of criminal proceedings.

Councilmember Andy King, who represents the Twelfth District of the north section of the Bronx, is a vocal supporter of changing the law. 

"We need to make sure whether you're rich, you're poor, you get a fair shot at justice," King said at the rally. "If I have information that can exonerate you, you should get it soon as you walk in the door, not after two years sitting in Rikers."

The bill has been proposed to the Senate several times, unsuccessfully. Advocates say that under the new law, defendants will be able to make better decisions about whether to plead or go to trial. But some prosecutors say full disclosure could put witnesses at risk of intimidation or manipulation.