The Impact of the Get Tough Movement on Judicial Sentencing Patterns: A New York Case Study

• In Event: Exploring the Adult Trajectories of Juvenile Offenders Processed In New York Criminal Courts

Abstract

This study explores the sentencing patterns of New York Judges before, during and after the “get tough” movement of the 1990’s, which changed much of the face of juvenile justice in America. New York poses a unique study ground as even prior to this movement the state set the upper jurisdiction of juvenile court at age 15, meaning all 16 and 17 years olds were processed as adults. However, at the same time, the state maintained a youthful offender status that allowed judges to extend mitigation at sentencing to those youth who were below the age of 19 at the time of the offense. Using a cohort of all arrested 16 and 17 year olds in 1987, 1994, and 2001 this analysis will explore cohort differences in overall severity of sentencing, the application of the youthful offender status to extend mitigation of punishment, and search for sources of sentencing heterogeneity within and between cohorts based on gender, race, and type of offense. Interaction effects between offender and offense characteristics will also be explored as well as potential contextual effects across regions and counties in New York.

Author

• Megan Kurlychek, University at Albany, SUNY