Mitigation for minors
Exploring the nuances of social constructs and legal status in structuring sentences for youthful offenders
Bibliographic Data
| ID | 12664629 |
|---|---|
| Authors | Megan C Kurlychek (0000-0003-3791-3391, University at Albany, State University of New York, corresponding author) |
| Year | 2017 |
| Volume | 20 |
| Issue | 4 |
| Pages | 498-522 |
| Publication date | 2017-06-08 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Punishment & Society (JOURNAL) |
| Journal identifiers | ISSN: 1462-4745 • E-ISSN: 1741-3095 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1462474517708559 |
| OpenAlex | W2624182459 |
| Language | EN |
| Citations received | 5 |
| References cited | 30 |
New York State is one of only two states in the nation that processes all 16- and 17-year-old defendants as adults. Contrary to this seemingly punitive stance, the state also maintains a Youthful Offender Statute that requires mitigated punishments for youths up to their 19th birthday upon court designation of youthful offender status. This study empirically examines the individual and combined impact of the social status of being a “minor” and the legally awarded status of being designated a youthful offender, upon adult court sentencing decisions framing the discussion within broader conceptualizations of youthfulness, culpability, and punishment. Utilizing a population of all youths ages 16–21 whose cases were disposed in New York between 2000 and 2006, this study finds the legally defined status of youthful offender to provide much greater mitigation at sentencing than the more general social status of being a minor. Findings are discussed as they relate to categorical and individualized assessments of culpability. In addition, as the study finds individualized assessments of culpability to be related to factors such as gender and race, broader implications for the role of court assigned statuses and mitigation of punishment are offered
Criminology · Culpability · Framing (construction · Minor (academic · Political science · Punishment (psychology · Punitive damages · Statute · Child Abuse and Trauma · Criminal Justice and Corrections Analysis · Law · Psychology · Psychopathy, Forensic Psychiatry, Sexual Offending · Social Psychology
Split Sentencing and the “Youth Discount” in Florida Criminal Courts
Sentencing for Youthful Offenders
Emerging adulthood and sentencing in Minnesota, 2016–2019
The Legacy of Slavery and Mass Incarceration
The Effect of Public Defender and Support Staff Caseloads on Incarceration Outcomes for Felony Defendants
Bad Kids
Priming unconscious racial stereotypes about adolescent offenders.
Structural and functional brain development and its relation to cognitive development
Brain development in children and adolescents
Estimation of Relationships for Limited Dependent Variables
Toward a Jurisprudence of Youth Violence
Ethnicity Effects on Sentence Outcomes in Large Urban Courts
Courting Kids
Age differences in sensation seeking and impulsivity as indexed by behavior and self-report
The Interaction of Race, Gender, and Age in Criminal Sentencing
Racial and Ethnic Disparities in Sentencing Departures Across Modes of Conviction
The Juvenile Penalty
Racial and Ethnic Differences in Pretrial Release Decisions and Outcomes
Sentencing in Context
Juvenility and Punishment
Brain imaging, culpability and the juvenile death penalty
Racial Disparities in Official Assessments of Juvenile Offenders
Sentencing under the Federal Sentencing Guidelines
Youthful Offender Designations and Sentencing in the New York Criminal Courts
The color of juvenile justice
| Unique citing works | 5 |
|---|---|
| Citations per year | 1 |
| Citation span | 2021 - 2026 (6) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 5 |