Monday, November 20, 2017

New Measures to Enhance the Delivery of Justice in New York Criminal Cases

Implementation of New Measure Aimed at Enhancing the Delivery of Justice in Criminal Cases:
To help prevent wrongful convictions and enhance the delivery of justice in criminal matters, Chief Judge Janet DiFiore today announced the adoption of new rules that will
require judges presiding over criminal trials to issue an order notifying and reminding prosecutors and defense attorneys appearing before them of their professional responsibilities....

Trial court judges in applicable cases will issue an order to the prosecutor responsible for the case to timely disclose exculpatory evidence favorable to the accused − called Brady material (referring to the landmark U.S. Supreme Court decision Brady v. Maryland, that in criminal cases prosecutors must disclose all evidence that could be materially favorable to the defense) − as required by the federal and state constitutions, statutory and ethical rules....

Additionally, trial judges in criminal cases will be required to issue a directive focusing on the defense counsel’s obligations to provide constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers, and performing a reasonable investigation of both the facts and law pertinent to the case.

Read more here.