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Articles Posted in Eighth Amendment Protection

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De Facto Life Sentence Without Parole Violates the U.S. Constitution’s Eighth Amendment

The Illinois Supreme Court has held that sentencing a juvenile to a prison sentence of greater than 40 years violates his or her Eighth Amendment rights because it imposes a de facto life sentence. The defendant in this case was a juvenile at the time of the offense. The juvenile…

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Amended Juvenile Automatic Transfer to Adult Court Scrutinized Again on Retroactivity

After much deliberation, two years ago Illinois lawmakers crafted a more lenient law for the transferring of juveniles to adult courts for some serious crimes. The idea was to give judges the clear opportunity to judge or to use their discretion for juveniles charged with serious crimes who were  16…

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Illinois Appellate Court Finds That Automatic Transfer of a Juvenile to an Adult Court Based on the Offense or the Record and Background of a Defendant is not in Violation of the U.S. Constitution’s Eighth Amendment or the Illinois Constitution

On Sept. 27, 2011, Darius Young, who was 15 at the time, participated in a dice game on a Chicago street with several individuals. One of them, Daniel Glen, who was in a wheelchair, won all of Young’s money during the game; however, he began to suspect that another individual,…

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U.S. Supreme Court Case Miller v. Alabama Serves as the Cornerstone for the Issue of Whether to Punish Juveniles for Crimes in Adult Courts and Sentencing

In July 2003, Evan Miller and Colby Smith killed Cole Cannon by beating Cannon with a baseball bat and burning his trailer. Cannon was inside. At the time, Miller was 14 years old. After Miller’s arrest, he was transferred from Lawrence County Juvenile Court to Lawrence County Circuit Court to…

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