This case presents question as to whether trial court’s imposition of 40-year statutorily mandated minimum sentence on charge of attempt murder of peace officer while personally discharging firearm was constitutional under either 8th Amendment or under disproportionate penalties clause of Ill. Constitution, where defendant was 17 years old at time of offense. Appellate Court, in reversing trial court, found that while sentence was constitutional under 8th Amendment, it was unconstitutional under disproportionate penalties clause as applied to defendant because of his age and because of its perception that said sentence “shock[ed] our evolving standard of moral decency,” where defendant had no prior criminal history and held potential for rehabilitation.
Illinois Supreme Court PLAs
Criminal Court
Sentencing