Youth and Emergent Adult Resentencing Project

Haunted by the reality that young adults whom CAL represented years and sometimes decades earlier are still serving the crushing sentences imposed by the trial court and unremediated on appeal, CAL developed the YEARS project.  
 

Unlike other states, New York has not yet enacted legislation authorizing courts to revisit long sentences imposed on adolescents and young adults. Serving their decades-long sentences with years to go before having any hope of release, these clients have haunted us since CAL’s doors opened.

The YEARS Project creatively uses existing tools to right this wrong. YEARS recognizes that young people, with incredible capacity to mature, are too often introduced to criminal activity after years of struggle, adversity, and peer influence, yet the details of their past were rarely presented as they should have been to the sentencing court. The YEARS Project, therefore, challenges lengthy sentences by bringing resentencing motions in trial court on two legal theories: (1) that a client received ineffective assistance of counsel at sentencing when defense counsel failed to investigate and present mitigating evidence (i.e., information about their background, childhood, and past traumas) that would have reduced their moral blameworthiness and influenced sentence; and (2) that his or her life or de facto life sentence was unconstitutional as applied to a juvenile or “emergent adult,” who recent science shows is no different than a child with the potential for rehabilitation.

YEARS cases are interdisciplinary in nature. Lawyers work in close collaboration with mitigation specialists, who are experienced in compiling and poring over documents and records from our clients’ pasts and interviewing not just our clients but the many people from their past and present who can speak to their backgrounds and growth. With this essential mitigation support, our legal theories allow us to present the full scope of our clients’ trajectories: the often-horrific circumstances of their youth and the near inevitability of their criminal entanglements followed by the inspiring proof of their evolution and growth despite the brutal conditions of incarceration. Exactly as the neuroscience says, children and young adults have an incredible capacity for change, and none of our clients were “permanently incorrigible” so as to deserve in any way, shape, or form, the virtual life sentences imposed on them.

Other Special Projects

MAKE A DONATION, SUPPORT OUR CAUSE!