different principles that apply to review a sentence under the illinois constitution and that and that those standards depends on the nature of the sentencing issue so here there are two different sects is that  occurred when he was forty and it occurred after he had already been convicted of a criminal sexual assault of a nine year old defendant had already demonstrated that he was a reset of mr fender he had accumulated two convictions between the are standards for determining whether any offender has has the capacity to commit an offense and so eventually actually disabled offender or if the offender is sufficiently deficient in their mental abilities or intellectual capabilities i based on the fact they're in touch with disabled but there's a distinction between having the capacity to commit a crime and here to fight it was found to have the capacity to commit the crime he was found fit before trial and whether a person has the culpability as an average adult and we would concede that defendants moral cop well he is lessened by virtue of his intellectual disability but retribution is not the only goal of punishment and here here that a facial challenge is cannot be successful if the statute can apply to any set of circumstances and certainly here the statutory scheme that allows mandatory life for all adult offenders can apply responsibility and culpability well the way the u s supreme court of these just said is that for a juvenile for example they have an underdeveloped sense of responsibility and so that they are sentenced in that way that would change but where is a person has mental deficit that do not mean that they are on hits where they don't because they're not so deficient that they are also going to be sentence factor that is important but this court has also said that if some of the features of the intellectual just art a lack of it and if they do have repeated offenses then there is some indication that the person will be a danger to society they are unlike juveniles and that they don't have an underdeveloped sense of response it is underdeveloped but it will change with time and ordinary development and that is the critical distinction between the two that punishment or that goal of criminal criminal sentences and so where they derive from your honor i think it's from a long standing history of how we've thought about crimes and why we punish individuals and those are the justifications that we did over time developed and so because in graham and miller the part was looking at life without parole they also addressed a capacity in addition to you mentioned earlier the nature and extent of your client's disability that was in the record correct and the trial judge indicated that the trial court indicated that it reviewed the record were to assume that to be correct yes the trial judge did indicate disability so it would at least require some extensive it's soon expert testimony and i and he is this person intellectually disabled to what degree are they disabled as are any just one of five factors listed there in the statute the legislature stated that the potential for rehabilitation is just one of many factors to be considered to determine whether or not that recognizing that person has intellectual disability is not enough without specifically going through each of the characteristics of what happens yes i think we need to offer for guidance where declined to extend the miller line of cases to intellectually disabled yes including the massachusetts supreme court but we're also asking this court to interpret  issue in discussion but it does not at all keep it should not at all  moment montgomery said as a categorical rule repeatedly the substance of nature of the rule makes it a categorical probation and the rule under miller is that just say that the defendant had every opportunity to present more evidence and he didn't and that very well might be because as his talking points this condition was a lifelong condition it was one that wasn't going to that he was capable of some learning but ultimately the experts concluded this wasn't going to change and that was based on reports from  just need to protect society his sen