By Delores Jones-Brown, Joshua Ruffin, Kwan-Lamar Blount-Hill, Akiv Dawson and Cicely J. Cottrell

In a five-to-four decision announced in February of 2020, the United States Supreme Court ruled that the parents of an unarmed fifteen-year-old Mexican national killed by a U.S. Border Patrol agent in a cross-border shooting, cannot sue for damages in U.S. civil court. Here, we critique the majority and dissenting opinions and attempt to reconcile the strikingly different approach each used to resolve the case. Using a publicly available data set, we examine the homicide in Hernández v. Mesa, against the circumstances and context in which underage youth were killed by police within the United States over a five year period before, during and after the death of Michael Brown. The circumstances of the 121 cases suggest a greater need for police accountability if the justice system is to remain true to the protective “child saving” ideology that launched the founding of the juvenile court.

Criminal Law Bulletin. 56(5): 833-871, 2020.