Just Mercy: A Story of Justice and Redemption

by Bryan Stevenson

“Bryan,” he said at some point during our short flight, “capital punishment means ‘them without the capital get the punishment.’ We can’t help people on death row without help from people like you.”

My short time on death row revealed that there was something missing in the way we treat people in our judicial system, that maybe we judge some people unfairly. The more I reflected on the experience, the more I recognized that I had been struggling my whole life with the question of how and why people are judged unfairly.

The closer we get to mass incarceration and extreme levels of punishment, the more I believe it’s necessary to recognize that we all need mercy, we all need justice, and—perhaps—we all need some measure of unmerited grace.

One of the country’s least-discussed postwar problems is how frequently combat veterans bring the traumas of war back with them and are incarcerated after returning to their communities. By the mid-1980s, nearly 20 percent of the people in jails and prisons in the United States had served in the military. While the rate declined in the 1990s as the shadows cast by the Vietnam War began to recede, it has picked up again as a result of the military conflicts in Iraq and Afghanistan.

one massive miscarriage of justice had afflicted the whole community with despair

Reading the record had shown me that there were people who were willing to ignore evidence, logic, and common sense to convict someone and reassure the community that the crime had been solved and the murderer punished.

America’s prisons have become warehouses for the mentally ill. Mass incarceration has been largely fueled by misguided drug policy and excessive sentencing, but the internment of hundreds of thousands of poor and mentally ill people has been a driving force in achieving our record levels of imprisonment. It’s created unprecedented problems.

The inability of many disabled, low-income people to receive treatment or necessary medication dramatically increased their likelihood of a police encounter that would result in jail or prison time. Jail and prison became the state’s strategy for dealing with a health crisis created by drug use and dependency. A flood of mentally ill people headed to prison for minor offenses and drug crimes or simply for behaviors their communities were unwilling to tolerate.

Today, over 50 percent of prison and jail inmates in the United States have a diagnosed mental illness, a rate nearly five times greater than that of the general adult population. Nearly one in five prison and jail inmates has a serious mental illness. In fact, there are more than three times the number of seriously mentally ill individuals in jail or prison than in hospitals; in some states that number is ten times. And prison is a terrible place for someone with mental illness or a neurological disorder that prison guards are not trained to understand.

In a landmark ruling, New York Times v. Sullivan changed the standard for defamation and libel by requiring plaintiffs to prove malice—that is, evidence of actual knowledge on the part of the publisher that a statement is false. The ruling marked a significant victory for freedom of the press, and it liberated media outlets and publishers to talk more honestly about civil rights protests and activism. But in the South it generated even more contempt for the national press, and that animosity has lingered beyond the Civil Rights Era.

The collateral consequences of incarcerating women are significant. Approximately 75 to 80 percent of incarcerated women are mothers with minor children. Nearly 65 percent had minor children living with them at the time of their arrest—children who have become more vulnerable and at-risk as a result of their mother’s incarceration and will remain so for the rest of their lives, even after their mothers come home.

Between 1990 and 2005, a new prison opened in the United States every ten days. Prison growth and the resulting “prison-industrial complex”—the business interests that capitalize on prison construction—made imprisonment so profitable that millions of dollars were spent lobbying state legislators to keep expanding the use of incarceration to respond to just about any problem. Incarceration became the answer to everything—health care problems like drug addiction, poverty that had led someone to write a bad check, child behavioral disorders, managing the mentally disabled poor, even immigration issues generated responses from legislators that involved sending people to prison.

I worked in a broken system of justice. My clients were broken by mental illness, poverty, and racism. They were torn apart by disease, drugs and alcohol, pride, fear, and anger. I thought of Joe Sullivan and of Trina, Antonio, Ian, and dozens of other broken children we worked with, struggling to survive in prison. I thought of people broken by war, like Herbert Richardson; people broken by poverty, like Marsha Colbey; people broken by disability, like Avery Jenkins. In their broken state, they were judged and condemned by people whose commitment to fairness had been broken by cynicism, hopelessness, and prejudice.

My years of struggling against inequality, abusive power, poverty, oppression, and injustice had finally revealed something to me about myself. Being close to suffering, death, executions, and cruel punishments didn’t just illuminate the brokenness of others; in a moment of anguish and heartbreak, it also exposed my own brokenness. You can’t effectively fight abusive power, poverty, inequality, illness, oppression, or injustice and not be broken by it. We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent.

In fact, there is a strength, a power even, in understanding brokenness, because embracing our brokenness creates a need and desire for mercy, and perhaps a corresponding need to show mercy. When you experience mercy, you learn things that are hard to learn otherwise. You see things you can’t otherwise see; you hear things you can’t otherwise hear. You begin to recognize the humanity that resides in each of us.

The power of just mercy is that it belongs to the undeserving. It’s when mercy is least expected that it’s most potent—strong enough to break the cycle of victimization and victimhood, retribution and suffering. It has the power to heal the psychic harm and injuries that lead to aggression and violence, abuse of power, mass incarceration.

For the first time in close to forty years, the country’s prison population did not increase in 2011. In 2012, the United States saw the first decline in its prison population in decades.

we have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent. A system that denies the poor the legal help they need, that makes wealth and status more important than culpability, must be changed.

fear and anger are a threat to justice; they can infect a community, a state, or a nation and make us blind, irrational, and dangerous.

mercy is just when it is rooted in hopefulness and freely given. Mercy is most empowering, liberating, and transformative when it is directed at the undeserving. The people who haven’t earned it, who haven’t even sought it, are the most meaningful recipients of our compassion.