Defendant, then age 17, was convicted, after jury trial, of aggravated criminal sexual abuse of an 11-year-old boy. Defendant confessed to police in writing after 50 hours in custody without a probable cause determination. Court had ruled that Defendants confession was voluntary. Defendants mandated lifetime registration under Sex Offender Registration Act (SORA) is not punishment imposed as a result of his conviction. The 8th Amendment and proportionate penalties clause do not apply unless and until a statute imposes punishment or a penalty. Subsection (i) of Juvenile SORA is a non-punitive jurisdictional statute that does not apply to Defedant.Defendant was provided his Miranda rights before questioning, the police questioning was not unreasonable in duration, and Defendant placed a call to his grandmother after 15 hours in custody. Totality of circumstances do not warrant suppression of confession.(PIERCE and MIKVA, concurring.)
Illinois Appellate Court
Criminal Court
Confessions