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When Prosecutorial Discretion is Woke

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In a City Journal piece with that title, Manhattan Institute scholar Heather MacDonald lays out the unusual circumstances by which Cook County prosecutors dismissed an open and shut case of falsely reporting a hate crime.  Noting that Michelle Obama's former Chief of Staff contacted Cook County State's Attorney Kim Foxx on Jussie Smollett's behalf prior to her office's decision to drop all charges "is rather the latest example of the incursion of academic identity politics into the workings of government."  The decision in the Smollett case, like the one last month to dismiss aggravated battery charges against a 16-year-old black male who attacked two Chicago police officers, suggests that "Foxx operates in a cultural milieu that holds that the fact that a hate crime is a hoax is less important than the fact that it could have been true. Prosecuting Smollett could have sent another black man to prison."  While everyone involved in the Smollett case knows that he was guilty, Smollett told reporters that he has been vindicated and "is still availing himself of the rhetoric of academic victimology, vowing to `fight for the justice, equality, and betterment of marginalized people everywhere.'"  The ability to orchestrate a fake hate crime, escape the consequences and become a national "social justice" celebrity will undoubtedly inspire others to follow suit, with the gullible complicity of the major media and academic elites

4 Comments

First, "a 16-year-old black" is impressively dehumanizing and racist.
Second, it is remarkable that this blog finds it unbelievably that prosecutorial or police discretion might be used in a racist manner, even in the face of statistical evidence, yet finds this alleged abuse of prosecutorial discretion totally credible despite the lack of any judicial proceeding and without knowing what all the evidence is.

The race of the perp is essential to understanding the decision not to prosecute. Would it have been racist and dehumanizing is were a 16-year-old Japanese or Spaniard? In the real world a description of a suspect includes their race.

If Smollett had been a white guy falsely claiming a hate crime attack by Obama supporters, would you be upset when the charges on a open and shut case were dropped?

It is not the mention of race. Maybe next time try black person or black man/woman rather than "black."

Your response misses my point. Why is abuse of prosecutorial discretion a problem in this case but not in the far more common case where it results in the excessive police, overcharging, and over-incarceration of black people rather than the incredibly rare occasion where the reverse may possibly have happened.

"Second, it is remarkable that this blog finds it unbelievably that prosecutorial or police discretion might be used in a racist manner ..."

The blog is a collection of computer bits and can't "find" anything. Each blogger has his or her own opinions.

I am reasonably certain that no C&C blogger has ever said here that prosecutorial or police discretion is never used in a racist manner. If you know of such a statement, please link to it.

If you wish to be here as a guest in our house, show enough respect for your hosts to not make false accusations and to generally express yourself in a civil manner. Otherwise, go away.

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