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Stop Presumptive Transfers: How Forcing Juveniles to Prove They Should Remain in the Juvenile Justice System is Inconsistent with Roper v. Simmons & Graham v. Florida

This Comment provides an overview of the juvenile justice system, focusing primarily on its history and purpose. It explores juvenile transfer legislation and discusses the various types of juvenile transfer mechanisms. It also examines the Eighth Amendment in conjunction with the Supreme Court’s response to over expansive juvenile transfer legislation. Furthermore, this Comment analyzes the ways in which presumptive waivers are inconsistent with the Supreme Court’s jurisprudence. It also examines the Illinois statute, 705 ILL. COMP. STAT 405/5-805. Finally, this Comment proposes that the Illinois legislature should amend that statute to eliminate the presumptive waiver.