The decision by Chicago prosecutors to drop all charges against Jussie Smollett is a disgrace to the judiciary process. The Chicago Police Department had charged and indicted him on 16 counts of disorderly conduct for making a false police report. The masquerade began on Jan. 28 when Smollett was admitted to a Chicago area hospital after an alleged attack where two men physically attacked Smollett and verbally harassed him with racist and homophobic slurs. During the subsequent police investigation into the attack, it was uncovered that Smollett’s claim was not as it seemed, and now he gets to walk away scot-free.
It is unknown if Smollett is guilty or not, but a trial would have been the best method to determine the truth. Both sides would have had an equal opportunity to present their cases and let a jury decide. Instead, the public is left wondering why the charges were dropped. Cook County State Attorney Kim Foxx should have to publicly defend her office’s rationale behind eliminating the charges. I applaud calls to have a special prosecutor investigate her handling of the case. Every effort should be made to determine what was going on behind closed doors. Specifically, Foxx’s personal connection to Smollett should be especially scrutinized. Perhaps she has a legitimate reason for dropping the charges, but right now that reason remains unknown.
Chicago Mayor Rahm Emanuel was right to call the State Attorney’s Office decision a “whitewash of justice.” The message it sends to the general public about the integrity of the justice system is disheartening. It sends the message that a double standard exists for celebrities or other people of influence. Imagine the weight that an even more famous individual might possess over the legal system?
Not only does the lack of a trial send a damaging message to the public but also to the Chicago Police Force, which was caught by surprise at the prosecutor’s decision. Chicago Police Superintendent Eddie Johnson did not see justice served with this decision. His police force spent months investigating, at first on behalf of Smollett before the investigation changed direction. The State Attorney’s Office decision sends a message that a thorough inquiry means nothing if the person under investigation has celebrity status.
Worse than the message sent to the Chicago Police is the damage done to other hate crime cases. Again, while it is unknown if Smollett is guilty or not, his case damages the credibility of other hate crime cases. Police are likely to view them with more suspicion and may be less inclined to investigate as thoroughly if they fear prosecutors could drop their cases on a whim.
Our justice system operates on the basis of equal justice under the law. This decision contradicts that principle. While an investigation into Foxx and her office’s decision is laudable, a trial of Smollett would have been the right decision from the start.
