People v. Murphy

Defendant, age 16 at time of offenses, was convicted, after jury trial, of 1st degree murder of one man and the attempted 1st degree murder of another man. He was sentenced to consecutive terms of prison, totaling 55 years. As Illinois Supreme Court (in People v. Buffer decision) recently defined a de facto life sentence for juveniles as one of more than 40 years, Defendant's 55-year sentence is a de facto life sentence. Sentence was imposed after an express finding that Defendant possessed rehabilitative potential, and contravenes any conclusion that Defendant was permanently incorrigible or irretrievably depraved. Sentence thus violates the 8th amendment's ban against cruel and unusual punishment. (HOLDER WHITE and TURNER, concurring.)