The role of public defense in resentencing of youth sentenced to extreme sentences

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

Abstract

When SCOTUS mandated a second look for juvenile lifers, they did not dictate a manner in which this should proceed. Additionally, the finding was only applicable to those who had received mandatory LWOP sentences under 18 and did not apply to youth with life sentences with the possibility of parole, or those with de facto life sentences. A number of states have taken the mandates in Miller and Montgomery past mandatory JLWOP. Collectively, the lack of guidance from SCOTUS coupled with state-specific legislation and case law has created substantial variation in the manner through which sentence review and release has been implemented, the categories of youth for which changes have been implemented, and the relative success and expediency of implementation. This has created a dire need for the field to understand the efficacy of various models to allow for broader implementation of successful ones. To unpack the black box of implementation we conducted semi-structured interviews with members of public defense organizations in 5 states that have been at the forefront of resentencing and release. Interviewees included heads of juvenile lifer units, attorneys, mitigation specialists, experts, and reentry specialists. We will discuss common themes across jurisdictions and best practice guidelines.

Authors

• Tierney Huppert, Montclair State University

• Tarika Daftary-Kapur, Montclair State University

• Jennifer A. Tallon, Center for Justice Innovation

• Sruthi Naraharisetti, Center for Justice Innovation

• Natalia Covan-Rodriguez, Montclair State University

• Leah Dolin, Montclair State University