Miller then Montgomery, then what?: An examination of how states approached resentencing of youth sentenced to extreme terms

• In Event: The Implementation of Resentencing of Youth Sentenced to Lengthy Sentences

Abstract

Although broad sentencing reforms targeting individuals convicted of violent offenses have not gained much momentum among policymakers or the public at large, the Supreme Court of the United States (SCOTUS) forced consideration of this question for one sub-group of incarcerated persons—those who were sentenced to life without the possibility of parole (LWOP) for homicide offenses committed when they were under age 18. Although SCOTUS mandated a second look for juvenile lifers, they did not dictate the manner in which resentencing should proceed, and states have approached this process in a variety of ways. To understand various approaches to resentencing we interviewed stakeholders who were involved in the process of establishing resentencing processes (either through case law or legislation) in five states – PA, MD, MI, NJ, and the District of Columbia. In this presentation we will discuss the approaches taken by these states and associated successes, challenges, and lessons learned.

Authors

• Sruthi Naraharisetti, Center for Justice Innovation

• Jennifer A. Tallon, Center for Justice Innovation

• Tarika Daftary-Kapur, Montclair State University

• Tierney Huppert, Montclair State University