US Justice: Yes He Can, No We Can’t in Disparate Case Outcomes

• Mississippi's Attorney General declined to charge an officer who fatally shot a one-year-old baby during a shoplifting investigation, deeming the force justified.
• In Kansas, a woman who allegedly drove through a youth soccer game, killing two and injuring ten, was questioned but not jailed.
• "Entry Without Inspection" has been a misdemeanor since 1929, a relatively recent legal concept in human history.
• The U.S. birth rate is below replacement levels, making immigration crucial for population stability.
• Current policies have created an extremely hostile environment for immigrants, leading to arrests, abuse, and lack of due process for misdemeanor infractions.

The stark contrast between the leniency shown in cases involving severe harm by those in positions of power or privilege, and the harsh treatment of individuals for a misdemeanor immigration infraction, highlights a profound imbalance in the application of justice.

In a recent development from Mississippi, State Attorney General Lynn Fitch declined to press charges against a Senatobia police officer involved in the fatal shooting of a one-year-old baby in June. The incident occurred after police suspected the baby's mother of shoplifting diapers. Senatobia, a town of approximately 8,400 residents located about 40 miles south of Memphis, Tennessee, became the site of this tragic event. Attorney General Fitch concluded that the officer's use of force was justified. The baby, Kohen, was being held by his mother, Vellesia Wiley, who stated she was unarmed and had not shoplifted, asserting that her companion had paid for their purchases at a self-checkout. The family involved is Black, while the officer is white, and the incident was documented on film and released by Darkhorse Press.

A separate incident in Wichita, Kansas, last week presented a stark contrast in immediate outcomes. Authorities questioned but did not detain a woman from Garden City, Kansas, who allegedly drove her Chevrolet pickup truck through a youth soccer game. This tragic event resulted in the deaths of a six-year-old boy and a youth soccer coach. Additionally, five children under the age of nine and five adults sustained injuries. Dozens of individuals witnessed the fatalities and injuries. Despite facing potential felony charges for her actions, the woman was not immediately jailed, highlighting a significant disparity in how different cases involving severe outcomes are handled by the justice system.

The legal framework surrounding immigration in the United States includes "Entry Without Inspection," codified as 8 U.S.C. § 1325, which has been classified as a misdemeanor offense since its inception in 1929. This legal designation, nearly a century old, contrasts sharply with the historical reality of human movement across the globe. As noted by Ian Goldin in his book, "The Shortest History of Migration," migration is fundamentally intertwined with human existence itself. Goldin illustrates this by recounting how human ancestors embarked on vast journeys from the Great Rift Valley approximately 100,000 years ago, eventually populating continents such as Europe, Asia, Australia, and the Americas, reaching as far south as near the South Pole.

For the vast majority of human history, spanning tens of thousands of years, the concept of "illegal border crossings" and the associated legal prohibitions were virtually nonexistent. It was not until the late 19th century that nation-states, including the United States, began to establish formal regulations and laws governing migration. This relatively recent development in human history underscores a shift from a largely unrestricted movement of people to a highly regulated and often punitive system, particularly for those who cross borders without official authorization, despite the minor legal classification of the act itself.

Beyond the legal definitions, demographic realities underscore the critical role of immigration for the United States. The global replacement birth rate, which is the number of children each woman must bear to maintain a country's population, stands at 2.1. In contrast, the United States' birth rate has consistently remained around 1.7 to 1.8 for the past five decades. This persistent shortfall indicates that without a continuous influx of new populations, the nation's overall population is projected to decline over time. Immigrants, therefore, represent a vital "source of supply" to sustain demographic stability and growth.

Despite this demographic necessity, the national climate towards immigrants has become extremely hostile over the last two years. This environment has manifested in various severe actions, including arrests based on minimal or nonexistent evidence, instances of physical abuse such as beatings and Tasing, and the imprisonment of individuals without due process or trial. Furthermore, judges who endeavor to apply legal fairness to immigrants have reportedly faced threats and dismissal. This atmosphere has fostered widespread animosity, granting federal police officers broad latitude, even to the extent of being implicated in the deaths of immigrants on American streets and of U.S. citizens who advocate for them. The stark contrast between the leniency shown in cases involving severe harm by those in positions of power or privilege, and the harsh treatment of individuals for a misdemeanor immigration infraction, highlights a profound imbalance in the application of justice.

Source: Original reporting via Courthouse News.