The recent fatal stabbing of a 2-year-old Joliet boy, allegedly at the hands of his 6-year-old brother, has bolstered calls to amend how Illinois’ criminal code handles young children.
Within hours of Joliet police responding to a 911 call from the mother shortly after 5 p.m. on Sept. 6, the older brother was placed in the custody of the Illinois Department of Children and Family Services, which arranged a mental health evaluation at a local hospital the next morning. The department declined to confirm if he was still in its care as of Wednesday since the investigation into the stabbing is ongoing.
The 6-year-old boy could be charged with murder because Illinois is one of 24 states without a minimum age for criminal responsibility.
“There are very real questions about whether children are capable of forming criminal intent, of understanding the impact of their actions and intending to cause harm,” said Lisa Jacobs, a law professor at Loyola University Chicago and the vice chair of the Illinois Juvenile Justice Commission. “Does a 6-year-old understand death?”
A growing body of research on child development supports her doubts. Clinical psychologist and attorney Eugene Griffin told the Tribune that the abstract thinking required to conceptualize death and understand what it means to plead guilty doesn’t develop in the average person until age 12. Meanwhile, the area of the brain responsible for decision-making, impulse control and emotional regulation isn’t fully developed until at least 26, according to the American Academy of Pediatrics.
Illinois has lagged in updating its laws with these new understandings about child development, despite being an early leader in juvenile justice. It established the nation’s first court focused on rehabilitative support for children rather than punitive justice in the late 1800s.
Twenty-six other states set minimum ages for criminal responsibility ranging from 7 to 13 years old, with some carve-outs for more serious crimes, according to the National Juvenile Justice Network. The United Nations recommends setting a minimum age even higher: 14, with no exceptions.
No bill proposing a minimum age has been introduced in the Illinois General Assembly yet because crimes involving young children are incredibly rare, Jacobs said.
The most recent Illinois case involving a young offender occurred in 2019 in downstate Goodfield. A 9-year-old boy allegedly started a fire that killed his two half-siblings, cousin, great-grandmother and mother’s boyfriend. Because Illinois has no minimum age for criminal responsibility, he was charged with murder and arson. But, since children can’t be put in detention facilities until they’re 10, he was placed in foster care.
“The boy made his first appearance in court on Monday. His feet didn’t touch the ground and his head barely reached above the top of the seat,” reported the Tribune following the 9-year-old’s first court appearance in October 2019. The judge had to repeat the charges and pause on terms he didn’t understand, including “alleged” and “arson.”
Shortly after, Griffin was appointed to evaluate his mental fitness to stand trial. The clinical psychologist ultimately found the boy, who was 10 by that time, unfit to stand trial.
Griffin, however, said Illinois’ fitness test is inadequate for assessing children. It is the same test used for adults and has a strong focus on mental illness and intellectual disabilities. Griffin is part of a coalition advocating for a separate fitness standard for minors that considers developmental maturity and traumatic stress.
The bill the coalition has proposed would also limit how many times a child can be evaluated for mental fitness based on the severity of their crime. Currently, any child can be reevaluated every year until they are 21. The boy accused of the 2019 killings and fire was last evaluated in March 2023. He was 13 and living with his grandparents. The case is still ongoing, according to his lawyer, Peter Dluski.
As for the 6-year-old from last week’s stabbing, no charges have been filed, and the Joliet police say he’s unlikely to be charged. Even though Illinois does not have a minimum age for criminal responsibility, the state does have significant discretion when it comes to charging children. And, local juvenile justice experts are urging for the stabbing to be treated as a family issue outside the criminal justice system.
“A 6-year-old allegedly murdering someone isn’t a system issue. This is always going to be an exceptional case where you’re going to have to design a unique response,” Griffin said. “Keep the focus on the family.”
The 6-year-old boy received cuts, bruises, welts, abrasions and oral injuries from his father in 2022, according to DCFS.
“The delinquency system and the criminal legal system were both built to focus on an individual’s behavior and to respond to that behavior. We have much better outcomes when we support families,” agreed Jacobs, citing federal research that shows youth involvement in the justice system leads to a higher likelihood of recidivism.