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Articles by Derrick Hamilton
Commentary: Strong discovery laws ensure due process
A dangerous narrative is emerging around Gov. Kathy Hochul’s proposed rollbacks to discovery law. Prosecutors and law enforcement claim these changes will prevent recidivism, with NYPD Commissioner Jessica Tisch arguing the current law hinders efforts to keep violent criminals off the streets. This conflates two issues. Robust discovery laws ensure due process and uphold prosecutors’ constitutional and ethical duties.
N.Y.’s wrongful conviction act: Hochul must sign this bill into law
“Finality, according to the dictionary, is an action or event that ends something irreversibly. One often hears the term used by prosecutors arguing against overturning a conviction. As in, “why do we need to keep litigating cases of innocence after juries and judges have ruled against the defendant for years?” It is now used by those opposed to the “Challenging Wrongful Conviction Act” recently passed by both houses of the New York State Legislature and awaiting Gov. Hochul’s signature.
Commentary: State's high court needs a more diverse mindset
The Court of Appeals has long been dominated by former prosecutors and government attorneys. What about judges who can see the defendants' side? Derrick Hamilton Oct. 16, 2022 In August, the chief judge of New York’s highest court unexpectedly resigned, giving Gov. Kathy Hochul the opportunity — and the responsibility — to nominate a successor who will stand up for the rights of New Yorkers.
Commentary: Provide tools to prove innocence
Derrick Hamilton and Roger Clark April 30, 2022Updated: April 30, 2022 7:56 a.m. We spent decades in prison for crimes we didn’t commit and it’s time the Legislature did something to fix it. Derrick Hamilton was exonerated after 23 years of successfully litigating his innocence on his own, without the benefit of a post-conviction attorney, and Roger Clark, wrongfully convicted at the age of 20, is still fighting to clear his name.
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