# All Charges Against Jussie Smollett Dropped. Er, updated tried and sentenced

**URL:** <https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562>\
**Category:** Cafe Society\
**Created:** [March 26, 2019, 3:28pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562 "2019-03-26T15:28:52Z")\
**Posts on this page:** 18\
**Page:** 18

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**Author:** ![EllisDee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ellisdee/32/4531_2.png) [@EllisDee](https://boards.straightdope.com/u/EllisDee)\
**Post date:** [March 20, 2022, 4:01pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/341 "2022-03-20T16:01:20Z")

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> [@Broomstick](#):
>
> In any case, I’d solitary confinement is a big deal.

I’m having trouble parsing your intended meaning in this sentence.

Your point about his public statements laying the groundwork for the solitary confinement angle is well made. I don’t think he’s that smart, but I assume his/any lawyer could be.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [March 20, 2022, 10:38pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/342 "2022-03-20T22:38:21Z")

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Solitary confinement, no matter the motivation, with extremely rare exception, is a big deal and can be damaging to the person confined. There are times where it may be the least bad option, but it should not be a common punishment.

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [April 2, 2022, 4:04pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/343 "2022-04-02T16:04:38Z")

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> [@yarblek](#):
>
> Okay. This is like people discussing waterboarding

No, this is not like waterboarding. Darren Garrison expressed a personal preference of incarceration. It has nothing to do with waterboarding. You’ve created a strawman and are doubling down on it.

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**Author:** ![yarblek](https://avatars.discourse-cdn.com/v4/letter/y/71e660/32.png) [@yarblek](https://boards.straightdope.com/u/yarblek)\
**Post date:** [April 3, 2022, 1:21am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/344 "2022-04-03T01:21:31Z")

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Both water boarding and social isolation in prison are classified as torture\*. The fact that some people don’t consider one or neither to be so is a big problem. People having a “preference” for the _punishment_ of social isolation in prison is comparable to having a preference for water boarding, since, again, both are torture.

\*Technically social isolation is classified as only inhumane unless it exceeds 15 consecutive days, when it becomes torture according to the UN. The general point still stands though since in practice it does exceed 15 days regularly.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [April 3, 2022, 2:12am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/345 "2022-04-03T02:12:16Z")

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> [@yarblek](#):
>
> People having a “preference” for the _punishment_ of social isolation in prison is comparable to having a preference for water boarding, since, again, both are torture.

Some people _like_ torture, you know.

'Course, I’m not saying anyone on the SDMB is into BDSM.

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**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\
**Post date:** [April 3, 2022, 3:07am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/346 "2022-04-03T03:07:31Z")

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> [@yarblek](#):
>
> Both water boarding and social isolation in prison are classified as torture\*. The fact that some people don’t consider one or neither to be so is a big problem

No, it’s not a problem because you say it is. Some people consider being forced to live in a locked room with other people to be an unpleasant arrangement and for good reason.

And solitary confinement isn’t a one-size-fits all situation. It can be for the safety of the prisoner or the safety of the other prisoners. The amenities afforded the prisoner would depend on why they are isolated.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [April 3, 2022, 6:18pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/347 "2022-04-03T18:18:58Z")

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It can also be with TV and internet access and food delivered by a guard who might interact briefly, or it might a bare cell with food appearing in a slot once a day.

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**Author:** ![EllisDee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ellisdee/32/4531_2.png) [@EllisDee](https://boards.straightdope.com/u/EllisDee)\
**Post date:** [April 3, 2022, 7:37pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/348 "2022-04-03T19:37:00Z")

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Right, but at that point it would be in the state’s interest to just give him house arrest. Much cheaper. Again, he didn’t hurt anybody.

On a larger point, for some reason I think I’m in favor of house arrest for all non-violent convictions. That can’t be right.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [February 7, 2024, 3:42pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/349 "2024-02-07T15:42:41Z")

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Still filing appeals.

> **[Jussie Smollett takes his case to Illinois Supreme Court](https://www.courthousenews.com/jussie-smollett-takes-his-case-to-illinois-supreme-court/)**
>
> Smollett was first indicted on criminal disorderly conduct charges for faking a hate crime almost five years ago.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [February 7, 2024, 5:14pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/350 "2024-02-07T17:14:48Z")

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It’s an interesting argument, at least to this non-lawyer.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [February 7, 2024, 6:11pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/351 "2024-02-07T18:11:35Z")

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I guess the dissent in the appeal decision implies that there’s something there. It sounds from that article that the dissent was more about whether plea bargains or other arrangements are binding rather than about jeopardy.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [February 7, 2024, 8:01pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/352 "2024-02-07T20:01:54Z")

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Yep. When I clicked I expected to see some nonsense, but the dissenting opinion was intriguing.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [February 7, 2024, 8:32pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/353 "2024-02-07T20:32:13Z")

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It seems to me if Foxx had said, “We’re not going to prosecute at all.” then the majority is correct but in this case Smollett paid a fine/bond and did community service which sounds a lot like a plea-bargain in which case I agree with the dissent (but not the decision of Foxx to not prosecute).

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [February 7, 2024, 8:56pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/354 "2024-02-07T20:56:33Z")

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This is similar to the charges against Hunter Biden. He has an agreement for a plea deal and he fulfilled some of the terms of the deal. Prosecutors then wanted to file more charges and the deal fell apart. Situation still unresolved.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [November 21, 2024, 4:53pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/355 "2024-11-21T16:53:21Z")

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> **[Jussie Smollett conviction overturned by Illinois Supreme Court](https://www.foxnews.com/entertainment/jussie-smollett-conviction-overturned-illinois-supreme-court)**
>
> Jussie Smollett's hate crime hoax conviction was overturned by the Illinois Supreme Court on Thursday. The actor had been convicted of five felony counts in Dec. 2021.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [November 21, 2024, 4:55pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/356 "2024-11-21T16:55:37Z")

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The problem with that article is that it’s covered up by a pop-up:

> FOX NEWS  
> WE’VE GOT NEWS FOR YOU  
> IF YOU LIKE OUR COVERAGE, PLEASE DISABLE YOUR AD BLOCKER

so obviously I can’t disable my ad blocker.

From ABC:

> **[Jussie Smollett's conviction in hoax attack overturned by state supreme court](https://abcnews.go.com/US/jussie-smollett-conviction-overturned-hoax-attack/story?id=116095148)**
>
> The Illinois Supreme Court has thrown out former "Empire" actor Jussie Smollett’s conviction for lying about a 2019 hate crime.

> [@](#):
>
> The court stated it did not find that the state could bring a second prosecution against Smollett after the initial charges were dismissed as part of an agreement and the actor performed the terms of the agreement, noting that Illinois case law establishes that it is “fundamentally unfair to allow the prosecution to renege on a deal with a defendant when the defendant has relied on the agreement to his detriment.”
> 
> “We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust. Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied,” it said.

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**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\
**Post date:** [November 22, 2024, 11:34am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/357 "2024-11-22T11:34:41Z")

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He’s got deep political connections, they were too embarrassed to openly act to protect him from his actions…initially. But with the passage of time, slowly slowly, he’ll still pull on those threads of connection to weasel out of the full consequences, which he so deserves.

His case is proof that, no matter how offensive, politically incorrect or openly criminal ones actions maybe, no matter how strong the conviction, or amount of public condemnation or repulsion toward the illegal acts, political connection never fully disappears. If you know people, you know people.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [November 22, 2024, 1:01pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/358 "2024-11-22T13:01:44Z")

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I don’t think so. Seems to me at least that the appeal got it correct. While I agree the original dismissal was a poor decision, the second trial seems pretty unambiguously to be a second bite of the apple.

Perhaps you just mean the former?

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