In NY Daily News Op-Ed, Professor Jocelyn Simonson Weighs in on the State’s New Discovery Reform

12/13/2019

Professor Jocelyn Simonson, an authority on criminal justice reform, in an op-ed in the New York Daily News, discusses the benefits of the new discovery procedures in New York State, which, she argues, outweigh prosecutors’ claims of potential harm to the criminal process.

The new law, part of a slate of criminal procedure reforms that will go into effect in January 2020, requires prosecutors to provide persons accused of a crime with the results of discovery within 15 days of their arraignment. This is intended to reform the previous procedure, commonly known as “the Blindfold Law,” in which prosecutors could withhold information from the accused until the beginning of their trial. The measure gives the accused more time to prepare an effective defense and makes available to them the information needed to decide whether or not to accept a plea deal.

“These reforms end trial-by-ambush,” writes Simonson. “With the blindfold law, New York was in last place when it came to fairness and justice in how the state ensures public safety. With continued reform, we could be in the lead.”

At the Law School, Simonson teaches courses in criminal law, criminal procedure, and evidence. She is co-director of the Center for Criminal Justice. Her schol­arship explores ways in which the public participates in criminal justice processes and how that participation has the potential to lead to broader changes in the justice system. Her articles have appeared or are forthcoming in top law reviews, including the Harvard Law ReviewCalifornia Law ReviewColumbia Law Review, and Georgetown Law Journal. Her work has been cited in U.S. Supreme Court decisions.