Legislature better judge of complex legal problems than social science

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted August 5, 2021 11:28 AM

“Social Science” — particularly when it has not been subjected to proper scrutiny — cannot invalidate legislative prerogative. In People v. O’Neal, 2021 IL App (4th) 200014, the appellate court flat-out rejected the defendant’s claim that Illinois’ felony murder statute was unconstitutional when used to prosecute juveniles. Ryan O’Neal had claimed that the felony murder statute, as applied to him as a juvenile, violated due process because it did not take into account his age. Under the rational basis test, O’Neal — who …

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