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I. Introduction
A child born to a black mother in a state like Mississippi . . . has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.
Justice Thurgood Marshall, 19881
On March 16th, 1991, fifteen-year-old Latasha Harlins walked into Empire Liquor Market to purchase a bottle of orange juice.2 After entering the store, Latasha headed to the refrigerated section and grabbed the $1.79 juice she planned to buy; she was carrying $2 in her hand.3 She placed the juice in her bag and walked toward the counter to pay the store-owner’s wife, a woman named Soon Ja Du.4 According to eyewitness accounts, as Latasha approached her, Du called her a “bitch” and accused her of attempting to steal the juice.5 Latasha replied, “I’m trying to pay for it.”6 Du reached across the counter and grabbed Latasha’s backpack, pulling it toward her, which can be seen in video footage captured by the closed-circuit security camera filming inside the market.7 Latasha then hit Du in an attempt to free herself, which caused Du to fall.8 The juice fell to the ground, and Latasha bent over to retrieve it; she placed the juice on the counter and turned to leave the store without the juice when Du pointed a gun and shot Latasha in the back of her head as she walked away.9 She was killed instantly.10A jury subsequently convicted Du of voluntary manslaughter.11 Patricia Dwyer, the probation officer who interviewed Du following Latasha’s death, recommended Du serve the maximum sentence for a voluntary manslaughter conviction at the time—sixteen years.12 Dwyer explained her recommendation was based on the fact that Du failed to “assist [Latasha], exaggerated her injuries and feigned unconsciousness.”13 In Dwyer’s experienced opinion, Du did not feel regret or remorse and failed to take any responsibility for causing Latasha’s death.14 Du was initially sentenced to ten years in prison.15 However, Superior Court Judge Joyce Karlin—a Jewish-American woman from an affluent family16—suspended the sentence, fined Du $500, and placed her on probation.17