Texas Prosecutor Calls for Discovery Reform in NY State
This discovery reform brings speedier dispositions of cases and earlier closure for victims. Faster resolution also means a lower cost for our taxpayers.
February 11, 2019 at 08:29 AM
3 minute read
As New York debates discovery reform, the Lone Star State's experience might serve as a model of a modern, progressive approach to the issue. Having served as special victims unit prosecutors in Texas, it is our strong belief that open and transparent discovery is in the interest of the entire criminal justice community, from the prosecutors and police to the accused.
The Texas legislature passed “open discovery” legislation in 2014 after a prosecutor's failure to disclose exculpatory evidence sent an innocent man to prison for 25 years. The actual perpetrator, who remained free, committed a second murder in that time.
Texas prosecutors are now required to maintain an “open file.” This means we are required to disclose as soon as practicable the entire contents of our file—including items like police reports, witness names, DNA evidence and surveillance footage. We provide every criminally accused person in Texas with this information, enabling defendants and their attorneys to make informed decisions about whether to plead guilty or prepare for a trial.
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