Jussie Smollett has been handed a major legal victory after the conviction against him over an alleged hoax of a hate crime was overturned by the Illinois Supreme Court. The court ruled that the second prosecution of Smollett served as a violation of due process and said the State was supposed to respect its earlier deal with him.
The decision comes after years of legal back-and-forth surrounding Smollett’s 2019 claims that he was the victim of a racist and homophobic attack in Chicago. Eventually ruled a hoax by investigators, he initially dodged prosecution thanks to a deal with Cook County State’s Attorney Kim Foxx’s office. Smollett would later see a second round of felony charges for disorderly conduct, ultimately landing a conviction in 2022.
The Original Deal
When the case initially broke, Smollett had reached a deal with prosecutors that spared him from any criminal charges. In what was called a deferred prosecution, Smollett forfeited his $10,000 bond and performed 15 hours of community service. In turn, prosecutors dismissed the charges in a legal technicality called nolle prosequi – essentially ending the case without convicting Smollett.
However, public outcry over the dismissal led a special prosecutor to re-open the investigation, and Smollett was ultimately tried and convicted on six felony counts of disorderly conduct for filing false police reports.
Decision of Supreme Court
The Illinois Supreme Court ruled the case had been improperly reopened because it denied Smollett his constitutional right to due process, and because the State was bound by the terms of the original deal.
“Today, we settle a question about the State’s obligation to fulfill the promises it makes to criminal defendants,” the court’s opinion said. More particularly, we address whether a case dismissal nolle prosequi permits the State to institute a second prosecution when the nolle prosequi was entered as part of an agreement with the defendant and the defendant has performed his part of the bargain. We hold that a second prosecution under these circumstances is a due process violation, and we therefore reverse the defendant’s conviction.
The court emphasized that the integrity of the criminal justice system depends on maintaining the public’s trust, and that reneging on its agreements with defendants harms the public more than dissatisfaction with the result in a particular case might.
Public Backlash and Exoneration
Critics-many of them police and city officials-argued that the original dismissal of charges against Smollett was an exoneration that allowed the actor to dodge accountability. However, the Supreme Court’s ruling has indicated that the second prosecution could be seen as eroding the fairness of the judicial process.
“While many people were dissatisfied with the original resolution, it would be more unjust for this court to hold that the State was not bound to honor agreements upon which defendants detrimentally relied,” the court said, alluding to the broader implications for plea deals in Illinois.
Reaction by Smollett
Smollett and his lawyers have maintained the view that the second prosecution was political and an overreach of the justice system. After the ruling, Smollett’s attorneys welcomed the court’s decision as a victory in the interest of fairness and due process.
“This ruling is not just a win for Mr. Smollett but for the principle that the State must stand by its word,” one of his attorneys said.
What’s Next?
The court effectively erased the actor’s 2022 felony conviction, vacating the accompanying jail sentence that had seen him spend six days in and then be released pending appeal. The case now stands as one of those peculiar juxtapositions where the legal system throngs with public opinion, procedural fairness, and limits to prosecutorial authority.
The ruling marks a significant step for Jussie Smollett in his effort to restore his reputation, although public debate about the case and its implications for the justice system will likely continue for some time.
The result represents a legal tightrope between holding people accountable and constitutional protections in the process-a tightrope the Illinois Supreme Court has just firmly tipped in Smollett’s favor.
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