People v. Jenkins

Illinois Supreme Court PLAs
Criminal Court
Juvenile Court Act
Citation
PLA issue Date: 
September 25, 2013
Docket Number: 
No. 115979
District: 
1st Dist. Rule 23 Order
This case presents question as to whether automatic transfer provision of Juvenile Court Act, 705 ILCS section 405/5-130(1)(A), is constitutional, where defendant, who received 50-year sentence, was prosecuted as adult on first degree murder charge under circumstances, where defendant was 15 years old at time of charged offense. Appellate Court rejected defendant’s claims that automatic transfer provision violated due process clause because it prevented trial court from making individualized assessment of defendant’s capacity to commit charged offense, and that said provision violated 8th Amendment’s prohibition against cruel and unusual punishment, as well as proportionate penalties clause of Ill. Constitution.