{ "id": 2903699, "name": "The People of the State of Illinois, Appellee, vs. Charles J. Pardo, Jr., Appellant", "name_abbreviation": "People v. Pardo", "decision_date": "1970-11-18", "docket_number": "No. 42896", "first_page": "420", "last_page": "425", "citations": [ { "type": "official", "cite": "47 Ill. 2d 420" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "2 Ill.2d 392", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 12129047 ], "opinion_index": 0, "case_paths": [ "/ill-2d/2/0392-01" ] }, { "cite": "30 Ill.2d 225", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2829002 ], "weight": 2, "pin_cites": [ { "page": "227" }, { "page": "227" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/30/0225-01" ] }, { "cite": "96 L. Ed. 541", "category": "reporters:federal", "reporter": "L. Ed.", "opinion_index": 0 }, { "cite": "342 U.S. 519", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 641476 ], "weight": 2, "pin_cites": [ { "page": "522" } ], "opinion_index": 0, "case_paths": [ "/us/342/0519-01" ] }, { "cite": "319 Ill. 275", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5156630 ], "opinion_index": 0, "case_paths": [ "/ill/319/0275-01" ] }, { "cite": "26 Ill.2d 606", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5355521 ], "pin_cites": [ { "page": "607" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/26/0606-01" ] }, { "cite": "383 U.S. 541", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6172664 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/383/0541-01" ] } ], "analysis": { "cardinality": 476, "char_count": 7301, "ocr_confidence": 0.795, "pagerank": { "raw": 5.886754800552684e-07, "percentile": 0.9525812122637266 }, "sha256": "3a1e8051fad1f72afa59ccabad855b6067219a3c62ff15d822e198d194e2e4f1", "simhash": "1:ac2b5457b0cad574", "word_count": 1211 }, "last_updated": "2023-07-14T21:33:42.439757+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Appellee, vs. Charles J. Pardo, Jr., Appellant." ], "opinions": [ { "text": "Mr. Chief Justice Underwood\ndelivered the opinion of the court:\nFollowing a bench trial in the circuit court of Du Page County, the 17-year-old defendant, Charles Pardo, was found guilty on four counts of burglary and three counts of theft, and sentenced to five years probation, the first year to be served in the Illinois State Prison Farm at Vandalia. Defendant appeals directly to this court raising constitutional questions. Supreme Court Rule 603, 43 Ill.2d R 603.\nOn September 23, 1968, Pardo was apprehended in Rock County, Wisconsin, after a high-speed automobile chase by Wisconsin State police, and arrested for violation of Wisconsin traffic laws. A registration check of the vehicle driven by him revealed that it had been reported stolen earlier that day in Hinsdale, Illinois. The Hinsdale Police Department was notified, and two officers from that department drove to the Rock County jail on September 24 to interview the defendant. Pardo agreed to waive extradition and was taken to the home of a local judge who signed the extradition order after determining that the waiver was voluntary. The defendant was then driven to the Hinsdale police station by the officers. On the afternoon of September 25, he was transferred to the Du Page County jail in Wheaton, Illinois. While in custody there, and after having been sufficiently advised of his constitutional rights, Pardo confessed to four burglaries and two additional automobile thefts committed in Du Page County between August 3, 1968, and September 23, 1968. The grand jury of Du Page County returned five separate indictments charging Pardo with these offenses as well as the theft of the automobile which he had driven to Wisconsin. A motion to dismiss the indictments and for institution of proceedings under article 2 of the Juvenile Court Act (Ill. Rev. Stat. 1967, ch. 37, par. 702 \u2014 1 et seq.) was denied and defendant appealed to this court. We granted the State\u2019s motion to strike the notices of appeal.\nThe cases were consolidated for trial and for hearing on a motion to suppress the confessions and other evidence which was subsequently denied. The record fully supports the trial court\u2019s ruling on this motion, and apparently defendant does not dispute the point further on appeal.\nDefendant\u2019s first contention is that the extradition hearing in Wisconsin was, in effect, an adjudication of his standing as a juvenile and he was thus entitled to the assistance of counsel. (Kent v. United States, 383 U.S. 541, 16 L. Ed. 2d 84, 86 S. Ct. 1045.) The basis of this contention is that in this State a 17-year-old male defendant must be prosecuted as an adult (Ill. Rev. Stat. 1967, ch. 37, par. 702\u2014 7(4), while under the Wisconsin Children\u2019s Code (Wis. Stat. 1967, ch. 48, par. 48.02(3) ) and the Federal Juvenile Delinquency Act (18 USC 5031), he is a juvenile, who may or may not be tried as an adult. Pardo argues that when he was extradited to Illinois he was unconstitutionally deprived of his standing as a juvenile under the laws of the United States and the State of Wisconsin. We do not agree. Whatever juvenile standing Pardo had in Wisconsin is clearly irrelevant to his prosecution for crimes committed in Illinois where his standing as an adult is not subject to adjudication. He was not, as alleged, \u201cremoved from the federal jurisdiction\u201d and his juvenile status under Federal law was unaltered by extradition.\nDefendant further contends that his waiver of extradition was ineffective because he was a minor and it was not knowingly and voluntarily made. \u201cWe have held that alleged irregularities in the manner in which a defendant is returned to this State on extradition for trial on a criminal charge will not be inquired into, since these matters affect neither the guilt nor innocence of the accused nor the jurisdiction of the court to try him.\u201d (People v. Partelow, 26 Ill.2d 606, 607; People v. Klinger, 319 Ill. 275.) The power of a court to try a person for a crime is not impaired even by the fact that he had been brought within the jurisdiction by forcible abduction. (Frisbie v. Collins, 342 U.S. 519, 522; 96 L. Ed. 541, 72 S. Ct. 509.) Whether or not defendant voluntarily agreed to return to this State, the validity of the judgments entered against him here is not affected.\nDefendant next argues that the classification under article 2 of the Illinois Juvenile Court Act (Ill. Rev. Stat. 1967, ch. 37, par. 702\u20141 et seq.) of minors by age, according to sex, is constitutionally prohibited in that it discriminates against 17-year-old males in favor of 17-year-old females, since females may be considered juveniles until 18 years of age whereas males are not subject to juvenile proceedings after becoming 17. \u201cThe classification of objects, subjects, groups or persons for legislative purposes is, primarily a question for the legislature and courts will not interfere unless such classification is clearly unreasonable and palpably arbitrary.\u201d (Jacobson v. Lenhart, 30 Ill.2d 225, 227; Du Bois v. Gibbons, 2 Ill.2d 392.) In Jacobson we stated that \u201cit requires neither extended discussion nor citation of authority for the proposition that age and the differences existing between the sexes are proper bases for legislative classification.\u201d (30 Ill.2d at 227.) Illinois has not been unique in distinguishing between males and females on the basis of age for the purpose of determining their juvenile status. (See, e.g., Vernon\u2019s Ann. Tex. Civ. Stat., art. 2338\u20141 sec. 3; 10 Okla Stat. (1969 supp.) sec. 1101.) This distinction seems to be neither invidious nor arbitrary and is well within the legislative discretion.\nDefendant lacks standing to object to the vesting of discretion in the State\u2019s Attorney under the Juvenile Court Act (Ill. Rev. Stat. 1967, ch. 37, par. 702\u20147(3)) to proceed against a juvenile either under the juvenile law or the criminal law, because Pardo is not a juvenile, and the prosecutor had no discretion with regard to this case.\nThe final argument made by defendant is that the effect of his conviction of burglary, which is an infamous crime in Illinois (Ill. Rev. Stat. 1967, ch. 38, par. 124 \u2014 2), is cruel and unusual punishment, as applied to him, and not proportioned to the offense. This provision denying certain substantial civil rights to one convicted of specified crimes is applied uniformly to all persons convicted under the Criminal Code of an infamous crime, and the legislature must be presumed to have foreseen its application to a 17-year-old defendant. Pardo was convicted on four counts of burglary as well as three counts of theft, and the sentence imposed with resultant loss of civil rights was, in our judgment, neither cruel and unusual nor disproportionate to the nature of the offense.\nThe judgment of the circuit court of Du Page County is affirmed.\nJudgment affirmed.", "type": "majority", "author": "Mr. Chief Justice Underwood" } ], "attorneys": [ "Thomas F. Pierce, of Chicago, appointed by the court, for appellant.", "William J. Scott, Attorney General, of Springfield, and William V. Hope, State\u2019s Attorney, of Wheaton, (James B. Zagel, Assistant Attorney General, and Malcolm J. Smith, Assistant State\u2019s Attorney, of counsel,) for the People." ], "corrections": "", "head_matter": "(No. 42896.\nThe People of the State of Illinois, Appellee, vs. Charles J. Pardo, Jr., Appellant.\nOpinion filed Nov. 18, 1970.\nRehearing denied Jan. 27, 1971\nThomas F. Pierce, of Chicago, appointed by the court, for appellant.\nWilliam J. Scott, Attorney General, of Springfield, and William V. Hope, State\u2019s Attorney, of Wheaton, (James B. Zagel, Assistant Attorney General, and Malcolm J. Smith, Assistant State\u2019s Attorney, of counsel,) for the People." }, "file_name": "0420-01", "first_page_order": 430, "last_page_order": 435 }