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Jussie Smollett's Chicago Lawyers Argue "Double Jeopardy" as Legal Battle in Infamous Hate Crime Hoax Conviction Continues

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Published on September 12, 2023
Jussie Smollett's Chicago Lawyers Argue "Double Jeopardy" as Legal Battle in Infamous Hate Crime Hoax Conviction ContinuesSource: Chicago Police Department

The labyrinthine saga of former Empire actor Jussie Smollett continues with his fervent pursuit to overturn his hate crime hoax convictions. Having faced a whirlwind of accusations, indictments, and a high-profile trial, the persistence of this drama has yet to reach a satisfying resolution.

According to CBS News, the Illinois appeals court panel will hear claims from Smollett's attorneys that he is being punished for the same crime twice. In their view, this violates his Fifth Amendment protections against double jeopardy. Smollett previously forfeited a $10,000 bond payment and agreed to perform 16 hours of community service when the original charges against him were dropped in Cook County.

For those unfamiliar with the foundation of this case, it reached its culmination in December 2021 when Smollett was convicted on five of six counts of disorderly conduct for orchestrating a fake hate crime against himself. As ABC 7 Chicago reports, his lengthy written appeal cites that the convictions breached his Fifth Amendment rights.

Smollett's team argues that he has already faced penalties for his actions and that further punishment proves excessive. On the other side of the argument, the special prosecutor stresses that double jeopardy does not apply in this instance.

The convictions resulted in Smollett receiving a sentence of 30-months of felony probation, 150 days in Cook County jail, over $120,000 in restitution, and a $25,000 fine, as mentioned in the same ABC 7 Chicago article.

Additionally, Smollett spent a mere six days in jail as part of a deal to drop the initial charges. In the event his appeal fails, he will be obligated to complete his remaining jail sentence. A ruling on the matter may not be released for several weeks, leaving the outcome tenuous and the future uncertain for the embattled actor.