Sixteen year old Benard McKinley was arrested and charged in Illinois as an adult with first degree murder for killing a man. In 2004, Cook County jurors found him guilty, reported the Chicago Sun-Times.
Over the past two decades, scientific researchers and courts began grappling with a question that could dramatically shift the course of McKinley’s life: When it comes to crime, are children and adults different?
Courts across the country slowly began to address the issue, bolstered by research showing that the human brain, particularly parts responsible for controlling impulses and assessing consequences, is not fully developed until one’s early 20s. And so courts ushered in a new era of decision-making, ruling again and again that children accused and convicted of crimes must be treated differently than adults.
The decisions culminated in Miller v. Alabama, a 2012 U.S. Supreme Court ruling that laws declaring mandatory life-without-parole sentences for juveniles, even for those convicted of murder, are unconstitutional under the Eighth Amendment. In the opinion, authored by Justice Elena Kagan, the court found that the mandatory sentences precluded judges from considering the defendant’s “chronological age and its hallmark features — among them, immaturity, impetuosity, and failure to appreciate risks and consequences.” The Court reasoned that the youngest offenders have “diminished culpability and greater prospects for reform,” and to require those mandatory sentences without considering features of youth constitutes cruel and unusual punishment.
That ruling applies to anyone under the age of 18, and was made retroactive in 2016 after another Supreme Court ruling, Montgomery v. Alabama. “What is with this magical moment?,” asked former Cook County Circuit Court Judge Daniel M. Locallo, now a defense attorney. “You’re 17 and 364 days, the day before your 18 birthday, allegedly your brain isn’t developed enough.” But one day later, he mused, “it is?”
With the new standard set, a wave of prisoners across the country with mandatory life sentences, including some 80 inmates in Illinois, have or are in the process of receiving sentences that take their youth into consideration.
But McKinley is not among them.
Though Wadas imposed a 100-year sentence, to be served in its entirety, the judge was not mandated to sentence McKinley to spend his life in prison; in fact, he was only required under Illinois law to issue a minimum punishment of 45 years in prison.
After his conviction was upheld in the Illinois appellate courts, McKinley turned to the federal courts contending that his sentence was not constitutional.
In March 2014, U.S. District Judge John J. Tharp Jr. refused to strike down the sentence, reasoning that a judge’s imposition of consecutive 50-year sentences, while possibly amounting to a life sentence, was not based on a mandatory sentencing scheme that the Supreme Court prohibited in Miller:
“Whether McKinley’s sentence should have been lower due to his age is not for this Court to say; the Illinois courts held that the sentence was not excessive, and that conclusion is not in conflict with the federal Constitution,” Tharp wrote.
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