Juvenile Law Center, Loyola Civitas Childlaw Clinic et al. Amicus Brief, Illinois v. Pacheco

This amici brief by Juvenile Law Center, Loyola Civitas Childlaw Clinic, and others argues automatic prosecution and mandatory sentencing of young people charged with felony murder is unconstitutional in light of recent Supreme Court case law as Illinois law does not allow for individual sentencing based on maturity and culpability. Furthemore, the brief argues the state law departs from national consensus around transfer and sentencing laws for young people in adult court and public policy also opposes this kind of statutory scheme.
In the brief, amici argue “Illinois’s transfer and mandatory sentencing statutes are unconstitutional because they 1) create an irrebuttable presumption in favor of culpability and against the child’s capacity for change and rehabilitation and 2) do not allow for individualized sentencing of minors transferred to adult court and convicted of murder by accountability. Unlike Illinois, most state transfer schemes require some individualized determination by a court prior to a youth’s prosecution in adult court. Illinois is an outlier in not allowing a court to consider constitutionally relevant factors before subjecting a youth to prosecution and sentencing in the adult criminal system.”