People v. Jackson
358 Ill. Dec. 552
Ill. App. Ct.2012Background
- Defendant Tarue Jackson, born 1991, was 15 when charged in 2007 with multiple counts of aggravated criminal sexual assault and aggravated criminal sexual abuse.
- Automatic transfer provision of the Illinois Juvenile Court Act 705 ILCS 405/5-130 caused his case to proceed in criminal court due to age and charged offenses.
- He was convicted by jury in 2009 of two counts of aggravated criminal sexual assault and one count of aggravated criminal sexual abuse.
- Sentences were seven years for each aggravated sexual assault count and four years for the sexual abuse count, with terms above the minimum.
- Defendant challenges the automatic transfer provision as unconstitutional on due process, cruel and unusual punishment, and proportional penalties grounds.
- The court rejects all constitutional challenges and upholds the transfer provision as constitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether automatic transfer violates due process. | Jackson argues due process rights are violated by automatic transfer. | State argues J.S. supports constitutionality; cites Roper/Graham to urge fresh analysis. | No due process violation; statute upheld. |
| Whether automatic transfer constitutes cruel and unusual punishment. | Jackson contends transfer leads to punishment of juveniles without proper safeguards. | Transfer provision is not punishment; it merely determines forum for potential punishment. | No Cruel and Unusual Punishment violation. |
| Whether the transfer violates the proportionate penalties clause. | Transfer increases risk of disproportionate penalties for juveniles. | Provision is pre-penalty, not a punishment; Miller limiting does not apply here. | Proportionate penalties clause not violated; provision not a penalty. |
| Whether procedural due process or evidentiary rulings affected fairness. | Challenge to procedures around transfer hearing and trial rights. | Procedural safeguards satisfied; trial rulings favor defendant were within discretion. | No reversible procedural due process or evidentiary error. |
Key Cases Cited
- People v. J.S., 103 Ill.2d 395 (1984) (upheld automatic transfer; rational basis due process standard applied to juvenile transfers)
- People v. Miller, 202 Ill.2d 328 (2002) (limited Miller to specific circumstances; addresses proportionality in juvenile transfer context)
- People v. Salas, 2011 IL App (1st) 091880 (2011) (held automatic transfer constitutional; supports current decision)
- Roper v. Simmons, 543 U.S. 551 (2005) (juvenile death penalty barred; informs discussion on maturity and punishment)
- Kent v. United States, 383 U.S. 541 (1966) (requires due process considerations in juvenile transfers; cited in reasoning)