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2020 Bail Reform and Discovery Update in New York
2020 Bail Reform and Discovery Update in New York
New York made some big changes to its bail and discovery laws in 2020. These new laws were designed to make the criminal justice system more fair, but they also sparked a lot of controversy. This article will break down what changed, why it happened, and what both sides are saying about it.
What was bail like in NY before 2020?
Before 2020, judges in New York had 3 options when setting bail:
- Let the defendant go free on their own recognizance
- Set monetary bail – this meant the defendant had to pay money to get out of jail while waiting for their trial
- Keep the defendant in jail until the trial (called remand)
Judges looked at factors like flight risk and public safety risk when choosing between these options. But critics said this system was unfair to poor defendants – if you didn’t have money, you’d stay stuck in jail even for minor crimes.According to the NYCLU, Black defendants were twice as likely to be detained pretrial as white defendants 5.
And pretrial detention had many negative effects, like job loss, detrimental impacts on families, and increased recidivism 2.
What did the 2020 bail reform law change?
The 2020 law restricted judges’ bail-setting powers for most misdemeanors and non-violent felonies. For these cases, judges now have to release defendants, either with no conditions or under supervision like electronic monitoring 1.
Bail can only be set for more serious violent crimes now. This means 90% of defendants get released pretrial instead of detained 4.
Supporters said this makes the system fairer by preventing people accused of minor crimes from being jailed just because they’re poor. But opponents argued it would let dangerous people go free.
What about the discovery reform?
New York also changed its discovery laws in 2020. Before, prosecutors only had to share evidence with the defense if asked. Now, they must automatically turn over all case-related info within 15-35 days of arraignment 1.
Supporters said this levels the playing field. But critics argued it could lead to valid evidence getting suppressed and cases dismissed over technical errors 3 .
What was the backlash against these reforms?
The reforms faced major backlash from police and prosecutors. The NYPD released data showing an increase in crime after the laws took effect, and explicitly blamed bail reform 4.
Individual cases where defendants released pretrial committed new crimes also drew outrage. Police groups protested the reforms4.
Some Democrats turned against the changes they had supported just months earlier.Opponents said the reforms endangered public safety by letting dangerous people go free. Supporters accused them of fear-mongering and intentionally misleading the public 5.
What changes were made in response?
In 2020, New York rolled back some of the 2019 reforms 5.
More crimes like burglary and sex trafficking were made bail-eligible again. Judges were also given more power to jail repeat offenders and those deemed dangerous 4.
But advocates said this will disproportionately hurt Black defendants and take away the progress made in 2019 5.
What are the pros and cons of these reforms?
Pros of the reforms:
- Prevent people accused of minor crimes from being jailed solely for being poor 2
- Reduce pretrial incarceration and its negative effects 2
- Make the system fairer by limiting judges’ discretion 1
- Level the playing field by requiring prosecutors to share evidence 1
Cons of the reforms:
- Potentially endanger public safety by releasing more people pretrial 3
- Place too much burden on police and prosecutors to produce discovery documents 3
- Lead to valid evidence being suppressed and cases dismissed over technical errors 3
What comes next?
The debates over these reforms are ongoing. Police groups and Republicans continue to push for repealing them, while reform advocates say further rollbacks will hurt racial justice 5 .
The future likely holds more incremental changes as lawmakers balance public safety concerns with calls for an equitable system. Both sides agree reform is still needed – but major divisions remain on how to get there.The bail and discovery reforms sparked intense debates that won’t be resolved anytime soon. But they’ve drawn overdue attention to longstanding inequities in New York’s criminal justice system. Hopefully the spotlight on these issues will lead to more positive reforms in the years ahead.
Sources
2020 Bail Reform and Discovery Update – The Fast Law Firm
The Civil Rights Implications of Cash Bail
New York’s New Bail Laws Harm Public Safety
The Bail Reform Backlash That Has Democrats at War
Why We Can’t Go Backwards on Bail Reform