Here, the State based its petition on the statutory ground of depravity. Depravity is defined as an inherent deficiency of moral sense and rectitude. It has been held that a felony conviction is insufficient, in and of itself, to provide an adequate basis for a determination of unfitness on the ground of depravity. The statutory ground of depravity requires the trier of fact to closely scrutinize the character and credibility of the person. The State asserts that the evidence respondent presented was insufficient to rebut the presumption of depravity.
Rebuttable presumptions shift the burden of proof.
249 Ill. App. Such presumptions recognize that certain facts, in the absence of further evidence, provide a prima facie case which shifts the burden to go forward with evidence to the respondent. 249 Ill. App. Here, there was no genuine issue of material fact as to whether respondent met the statutory requirements of depravity. He was convicted of first degree murder, a crime inherently deficient in a moral sense.