Talk:Justice Calogero on Discrimination and Equal Protection

Welcome to the discussion page for Judge Calogero on Discrimination and Equal Protection.

2007

(1) Arguably, the Court jumps to the conclusion that the District Attorney's actions were inequitable without adequately considering the factual circumstances surrounding each decision. To be specific, the Court finds that the District Attorney was racially motivated because he charged "the Jena 6" with conspiracy to commit murder and attempted murder, while only suspending white students who hung nooses for three days. In drawing this conclusion, the court relies upon the fact that the white victim of "the Jena 6" was able to leave the hospital within three hours of checking in. However, the extent of the victim's injuries are not the determinative factor when considering whether "the Jena 6" conspired to murder him, or whether they attempted to murder him.

(2) Similarly, the Court did not cite to any evidence indicating that the three-day suspension for hanging the nooses was disproportionate to punishments for similar acts that may have been perpetrated by African-American students, or that expulsion was not equitable, consistent level of discipline for fighting.

(3) By referencing the hanging of the nooses, the court may have been attempting to demonstrate that the Jena 6 were entitled to a certain level of animosity towards white students. However, the noose incident took place over three months prior to the attach on the white student.