In re Destiny P.

Illinois Supreme Court
Civil Court
Juvenile Court Act
Citation
Case Number: 
2017 IL 120796
Decision Date: 
Thursday, October 19, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court affirmed in part and reversed in part.
Justice: 
THOMAS

Circuit court found Sections 5-101(3) and 5-605(1) of Juvenile Court Act, which do not provide jury trials for 1st-time juvenile offenders charged with 1st degree murder, violate equal protection clauses of U.S. and Illinois Constitutions, as applied to Respondent minor., then age 14. Respondent minor cannot show that she is similarly situated to the comparison groups of recidivist offenders, as they are not similarly situated to her, as they are charged with different crimes, have different criminal backgrounds, and are tried and sentenced under different statutes. Due process does not require jury trials in juvenile proceedings. (KARMEIER, FREEMAN, KILBRIDE, GARMAN, and THEIS, concurring.)