An op-ed piece published in Newsday on April 8 noted that not only public defense clients, but prosecutors and the justice system itself, are harmed by New York’s broken public defense system. Alicia Bannon, a Liman Fellow and counsel for the Justice Program at the Brennan Center for Justice at New York University School of Law wrote: "Prosecutors rely on defense attorneys to test theories of guilt and to bring forward evidence of innocence — that’s how the adversarial justice system works. When the system breaks down, prosecutors, and the public, can’t be confident that justice is being done in individual cases."
Referring to the New York Civil Liberties Union lawsuit argued recently in the Court of Appeals, Bannon added: "Must the legislature wait for a court order before it ensures equal justice for all?"
The answer, of course, is "no." Bills introduced as part of the state budget process include steps toward real public defense reform. The growing chorus of voices, including former prosecutors, calling for immediate state action should persuade the Legislature and Governor to come together on this vital issue now.
Friday, April 9, 2010
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