Capitol Fax.com - Your Illinois News Radar » Challenge to mandatory life sentence for teens reaches Illinois Supreme Court
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Challenge to mandatory life sentence for teens reaches Illinois Supreme Court

Wednesday, May 12, 2021 - Posted by Rich Miller

* Sarah Mansur at Capitol News Illinois

A man who was found guilty for acting as the lookout in a double homicide nearly three decades ago is asking the Illinois Supreme Court to find his mandatory life sentence without parole unconstitutional.

A lawyer for Antonio House argued before Supreme Court Tuesday that his life sentence for a crime committed when he was 19 violates the so-called proportionate penalties clause of the Illinois Constitution.

This clause in the constitution states: “All penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship.”

Lauren Bauser, an assistant appellate defender who represents House, said the court should allow House to be resentenced because “the record in this case demonstrates that Antonio’s mandatory life sentence without the possibility of parole for a crime he committed as a teenager, as a teenage lookout, who wasn’t present at the time of the killing, shocks the conscience.”

He’s also making an innocence claim.

       

21 Comments
  1. - ChrisB - Wednesday, May 12, 21 @ 9:15 am:

    I wrote many a college paper on mandatory minimums. They are awful, and there is no philosophical justification for them.


  2. - Homebody - Wednesday, May 12, 21 @ 9:31 am:

    Basically all research that I’m aware of says length of sentences doesn’t act as a deterrent. What acts as a deterrent is likelihood of getting caught. Lengthy sentences are just for the benefit of those who want to act like they are about vengeance, not about real benefit.


  3. - H-W - Wednesday, May 12, 21 @ 9:41 am:

    The U.S. Supreme Court got this one wrong. Their argument is that “the” judge has discretion in sentencing, then mandatory life is acceptable.

    That assumes all judges everywhere are fair and impartial, and that all judges are reasonable. Unfortunately, judges are a diverse lot. Some are even political.

    A mandatory life sentence without the possibility of parole (or even with it) is a explicit statement that we do not believe our justice system can rehabilitate people. And to say this with regard to minors (teens) assumes our society (our Nation, our State), does not desire to even attempt rehabilitation for those most capable of rehabilitation - our children.

    It is an indictment against our Nation and our State, demonstrating openly that we are hardly a moral Nation, and clearly not one in which Christianity applies as a form of moral reasoning.

    This hypocrisy between our ideal values and our social practices is another manifestation of Myrdal’s “American Dilemma.”


  4. - cermak_rd - Wednesday, May 12, 21 @ 9:49 am:

    If he’s innocent, that’s obviously another kettle of fish and if he has a reasonable claim it should be appealed.

    If he isn’t innocent, then a person is dead partially as a result of his actions. That is an act that cannot be undone. It is heinous. But if others who commit the same kind of crime with the same kind of priors are sentenced to a different length of sentence then that should be looked at, too. By and large we ought to use the same measure for the same crime.

    But juveniles not getting life? For resulting in someone’s death? I can’t go that far. I can say they should not be executed. I don’t think anyone should be executed.


  5. - @misterjayem - Wednesday, May 12, 21 @ 10:19 am:

    “Antonio’s mandatory life sentence without the possibility of parole for a crime he committed as a teenager, as a teenage lookout, who wasn’t present at the time of the killing, shocks the conscience.”

    And if it doesn’t, it should.

    – MrJM


  6. - Jocko - Wednesday, May 12, 21 @ 10:21 am:

    This gets at the question of whether prison time is intended for rehabilitation or punishment.

    It will also be interesting to see which testament Amy Comey Barrett ascribes to…the old or the new.


  7. - JoanP - Wednesday, May 12, 21 @ 10:30 am:

    @H-W -

    = Their argument is that “the” judge has discretion in sentencing, then mandatory life is acceptable. =

    I think you misunderstand the recent U.S. Supreme Court decision.

    In fact, the Court continues to reject mandatory life sentences for juveniles. The recent decision allows *discretionary* life sentences, and concerned what standard needed to be met.


  8. - Perplexed - Wednesday, May 12, 21 @ 10:33 am:

    For the record, from John O’Connor of the Associated Press, citing Assistant Attorney General Gopi Kashyap defending the law Tuesday before the Illinois Supreme Court:

    House accompanied his gang leader, Artez “Ted” Thigpen, and others on Sept. 13, 1993, to kidnap 15- and 18-year-old men selling drugs at a Chicago street corner after a factional split of the Unknown Vice Lords. … House armed himself and helped force the interlopers into Thigpen’s car, Kashyap said.

    “Ted remarked that the victims ‘were about to make the make the news’ and defendant admitted that he knew that the victims might be shot,” Kashyap said. “Nevertheless, he drove two miles to the location where the victims had been taken to a junkyard, and once he got there…, confirmed whether the victims were in the junkyard with the members who were shooting them, parked his car and he acted as a lookout.”

    Moreover, a month later, House approached a witness and intimidated her into recanting her statement to authorities, court documents show.


  9. - DuPage Saint - Wednesday, May 12, 21 @ 10:37 am:

    @HW. “Some (judges) are even political. I have never met a job she that was not political. Most are the most political animal around
    Mandatory life is not right. I have always said it is the Department of Corrections not Department of Punishment so the state should do everything possible to Correct


  10. - Anonymous - Wednesday, May 12, 21 @ 10:45 am:

    ==interesting to see which testament Amy Comey Barrett ascribes to==

    This case is in the Illinois Supreme Court on a provision of the Illinois Constitution.


  11. - Bigtwich - Wednesday, May 12, 21 @ 10:46 am:

    10:45 was me.


  12. - Fred - Wednesday, May 12, 21 @ 11:29 am:

    If you want to have rehabilitation then you need to change the prisons. Have work and educational opportunities while the convicted felons are serving their sentences so that when they get out, they will have life and job skills. I remember an investigative series in the Chicago Suntimes that was outraged that felons who served their time were working in City Hall. I was outraged that the Suntimes had a problem with this. People need the second chance and job opportunities. Once they served their time and if the system thinks that they can be released then they should be able to live their lives as any other person


  13. - Donnie Elgin - Wednesday, May 12, 21 @ 11:38 am:

    Unless this has been repealed this is the current situation for “Teenagers”

    https://ilga.gov/legislation/publicacts/fulltext.asp?Name=095-1031

    Provides that the Task Force shall submit a report by January 1, 2010, to the General Assembly with recommendations on extending juvenile court jurisdiction to youth age 17 charged with felony offenses.

    This defendant was 19, armed and according to Assistant Attorney General Gopi Kashyap, was an active planner in the kidnapping plan that resulted in 2 murders.
    “He participated from the onset. This was a planned offense, it was a kidnapping and murder plot….Kashyap argued that House’s case cannot be compared to Miller’s because Miller was a juvenile at the time of the murders. Miller was also unarmed at the time, while House was carrying a weapon, Kashyap said”


  14. - anon2 - Wednesday, May 12, 21 @ 12:18 pm:

    Our state does not accord full adult rights to minors. They can’t buy alcohol, cigarettes or handguns or enter a casino. They also can’t run for the General Assembly. That’s because we know their judgment is immature and they aren’t ready for full adult prerogatives. Consequently, how can these same minors with immature judgment be held fully accountable for crimes as if they were adults?


  15. - Perplexed - Wednesday, May 12, 21 @ 12:35 pm:

    == Consequently, how can these same minors with immature judgment be held fully accountable for crimes as if they were adults? ==

    Your argument against accountability may get some pushback from families of the murdered 15-yr-old and 18-yr-old: Even after 28 years, those two teenagers are merely beginning to serve their time.


  16. - Waldi - Wednesday, May 12, 21 @ 1:32 pm:

    “This gets at the question of whether prison time is intended for rehabilitation or punishment”

    I look at prison time as a way protecting society by getting dangerous criminals off of the street. How many times do we hear that violent offenders have long criminal histories or out on electronic monitoring for other violent crimes or gun charges? Society has a right to protect itself.


  17. - Enviro - Wednesday, May 12, 21 @ 1:45 pm:

    The defendent was 19 when he committed the crimes. His victims were 15-year-old Stanton Burch and 18-year-old Micheal Purham.
    His sentence was not for selling drugs or breaking windows. His sentence was for kidnaping and murder.


  18. - charles in charge - Wednesday, May 12, 21 @ 2:49 pm:

    ==How many times do we hear that violent offenders have long criminal histories or out on electronic monitoring for other violent crimes or gun charges?==

    How many times have you investigated whether those claims were even factual, and not just more fear-mongering and false narratives from elected officials and law enforcement who refuse to ever take accountability for their own failures?


  19. - MaryLouise - Wednesday, May 12, 21 @ 4:57 pm:

    If he wasn’t present at the double homicide, then how was he present as the lookout? Hmmmmm. Lookouts participate. Nothing says the lookout has to be in the same room where the murder takes place. The lookout is part of the operation…guilty.


  20. - Mama - Wednesday, May 12, 21 @ 9:48 pm:

    - Fred - Wednesday, May 12, 21 @ 11:29 am:

    “If you want to have rehabilitation then you need to change the prisons. Have work and educational opportunities while the convicted felons are serving their sentences so that when they get out, they will have life and job skills.” I totally agree. Simply housing people in prison ‘without’ helping them with life skills to change their life is not working. People need the second chance and learn a trade for job opportunities. Once they served their time and if the system thinks that they can be released then they should be able to live their lives as everyone else.
    Most people can be rehabilitated if given a chance.


  21. - anon2 - Thursday, May 13, 21 @ 8:08 am:

    == Your argument against accountability may get some pushback from families of the murdered 15-yr-old and 18-yr-old ==
    That’s understandable. On the other hand, our system does not permit victims and their survivors to determine the sentence for perpetrators.


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Isabel’s afternoon roundup
* The Waukegan City Clerk was railroaded
* Whatever happened, the city has a $40 million budget hole it didn't disclose until now
* Manar gives state agencies budget guidance: Cut, cut, cut
* Roundup: Ex-Chicago Ald. Danny Solis testifies in Madigan corruption trial
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller