Resentencing hearings for youth across 5 jurisdictions: What works and challenges to relief

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

Abstract

Given that fragmented nature of resentencing post-Miller/Montgomery, we were interested in understanding how resentencing hearings are conducted given their uniqueness. Specifically, we were interested in understanding (1) how public defenders identified cases for resentencing, (2) the relationship between various stakeholders during resentencing including prosecutors, judges, and reentry organizations, and (3) how resentencing hearings are conducted and whether the process is different across jurisdictions. We conducted semi-structured interviews with defense providers, prosecutors, and judges in our five sites to understand how resentencing hearings are conducted, what is required to prepare for these hearings, and what factors and evidence presented are critical for decision-making. Themes, unique process, and recommendations for states starting this process will be discussed.

Authors

• Tarika Daftary-Kapur, Montclair State University

• Jennifer A. Tallon, Center for Justice Innovation

• Tierney Huppert, Montclair State University

• Sruthi Naraharisetti, Center for Justice Innovation

• Noah Festerling, Montclair State University

• Emma Lambert, Montclair State University