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.
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