AP Political Writer

SPRINGFIELD, Ill. (AP) _ A 32-year-old Illinois law that requires juveniles accused of the most serious crimes to be charged as adults may be discriminatory, prevents judges from exercising their judgment and makes it more likely that those who are convicted will commit violent crimes in the future, according to a study due out Tuesday.

The nonpartisan Juvenile Justice Initiative reviewed 257 Cook County cases from 2010 to 2012 involving juveniles who were charged automatically as adults in accordance with the state law. One of those cases involved a non-minority defendant. Eighty-three percent of the defendants were black and 16 percent were Hispanic. Most came from Chicago’s west and south sides, according to the study, which was provided to The Associated Press in advance of its release.

The study found that 54 percent of the defendants whose cases were automatically transferred to adult court ultimately pleaded guilty to a lesser charge that wouldn’t have triggered such a transfer in the first place, the study found.

By leaving juvenile court, the authors conclude, the defendants lose their best chance at rehabilitation and often go to prison with adults; later, they have higher recidivism rates for violent crime.

The group used the study to draw focus to legislation in the General Assembly that would eliminate the automatic transferring of the most serious juvenile cases to adult court and give judges more decision-making authority based on a hearing that examines a child’s circumstances. Among those would be a child’s age, education, mental and physical health, and level of participation in the crime.

Illinois is among 14 states that have such automatic transfer laws. Enacted in 1982, Illinois requires juveniles ages 15 to 17 years old who are charged with crimes such as murder, armed robbery with a firearm, aggravated criminal sexual assault, and aggravated battery with a firearm to be tried as adults. Once charged as an adult, a juvenile subsequently is always charged in adult court, no matter the crime.

Elizabeth Clarke, president of the Juvenile Justice Initiative, said such cases often unfold in the same way: A juvenile is questioned by police without a lawyer, makes a statement and is charged as an adult. He or she then pleads guilty to a lesser charge in exchange for a set sentence, meaning there is no trial or sentencing hearing.

“At no point do they really get a day in court,” Clarke told the AP. “This is wholesale throwing kids away at the point of arrest, essentially.”

Before the House Judiciary Committee backed the legislation last month, officials from the Cook County State’s Attorney’s office testified against it.

“It’s putting a common sense process in to have a judge, rather than the General Assembly, make these decisions,” said Rep. Elaine Nekritz, D-Northbrook, the bill’s sponsor. “The judge is looking at the circumstances of the individual, the circumstances of the crime.”

The study’s authors also noted that juveniles awaiting trial as adults spent a year or more in detention, whereas half of defendants charged in juvenile court spent a month or less locked up.

“Trial in adult court fails to protect public safety,” study co-author David Reed said in a statement. “Children tried as adults typically spend more time waiting for trial, more time in prison and are less likely to receive rehabilitative services.”


The bill is HB4538.


Illinois General Assembly:

Juvenile Justice Initiative: