Prosecutor-Initiated Resentencing Laws

• In Event: Understanding the effects of (re)sentencing legislation

Abstract

Prosecutor-Initiated Resentencing (PIR) laws give prosecutors the ability to reevaluate severe sentences and to ask courts for resentencing. Already enacted in at least five states, these discretionary laws allow prosecuting offices to develop their own criteria for case selection, establish an internal sentencing review process, and provide their own resentencing recommendations. While PIR laws in theory could result in new sentences for some people serving lengthy prison terms, PIR laws also raise significant concerns. This presentation reviews existing PIR laws, challenges the concentration of resentencing power in prosecutor offices, and raises concerns about the efficacy of asking prosecutor offices (the very offices that often asked for severe sentences in the first place) to support sentence reductions. It also argues that second look laws, which enable the people who are incarcerated, their advocates, or even prison officials to petition for sentencing review, provide a better and more just path toward resentencing.

Author

• Jessica Henry, Montclair State University