With the recent surge of shootings in New York City, many of which involve teenage gang members, now is a good time to examine New York state’s sentencing laws that govern trial courts when sentencing teenagers convicted of violent crimes, particularly homicide. These sentencing laws draw lines based on the age of the defendant at the time of the offense and reflect the Legislature’s determination to treat young offenders more leniently than adult offenders.

This article will examine the statutory landscape and constitutional precedents with respect to the sentencing of youths between the ages of 13 and 18, with a particular focus on the crime of homicide. It further explores laws recently enacted in other states that require the parole authorities to give early release consideration to incarcerated persons who are serving lengthy sentences for offenses committed when young and other recently enacted laws that give courts authority to take a “second look” at such lengthy sentences. After comparing these laws, the conclusion reached is that the second look approach is the sounder one for adoption in New York.

Sentencing Provisions