"Each of us is more than the worst thing we’ve ever done." This powerful assertion by Bryan Stevenson frames the heart of Just Mercy, challenging the notion of fairness in America's justice system.
1. America’s criminal justice system thrives on harsh punishments.
The 1980s marked a turning point for the justice system in America: punishment became harsher even for minor crimes. As the judicial focus shifted toward extreme sentencing, offenders faced dramatic outcomes. A single mistake in this period could land individuals in prison for life, regardless of the crime’s nature.
This hardline approach fueled an incredible rise in incarceration. For instance, the number of people jailed for drug-related offenses increased from 41,000 in the early 1980s to 500,000 today. Moreover, by emphasizing punishment over rehabilitation, the system perpetuated its authoritarian grip across communities.
One startling example comes from a woman sentenced to prison for merely writing five bad checks of less than $150 each to purchase Christmas presents for her children. Cases like hers highlight the disproportionate punishments many faced for everyday transgressions.
Examples
- The U.S. prison population surged from 300,000 in 1970 to 2.3 million today.
- Drug-related incarceration grew more than tenfold from the 1980s to the present.
- Even minor crimes like writing a bad check resulted in extreme sentences.
2. African-Americans are unfairly treated by a racially biased justice system.
Racial biases underpin much of the American criminal justice system. African-Americans are disproportionately targeted, arrested, and convicted. Structural racism ensures that Black people face prejudices at every level of interaction with the law.
A harrowing statistic reveals this disparity: while 1 in 15 Americans may go to prison in their lifetime, for African-Americans, the figure increases to 1 in 3. These systemic failings are worsened by practices like all-white juries in cases involving Black defendants, which perpetuate unjust convictions and sentences.
The author recounts his own personal experience when Atlanta police wrongfully detained and searched him while he was innocently sitting in his car listening to music. Although he was let go, it evoked the nightmarish reality faced by countless African-Americans who suffer life-altering consequences for similar instances.
Examples
- African-Americans have a 1 in 3 chance of imprisonment versus 1 in 15 for average Americans.
- Many jury pools in the ’80s excluded Black jurors even in majority-African-American regions.
- The author himself was once wrongly stopped, detained, and searched by police without cause.
3. Young offenders endured adult punishments, causing lifelong harm.
During the 1980s, children as young as 13 were subjected to a justice system that treated them as adults. This practice disregarded the limited understanding children have of their actions and the long-term consequences those actions might carry.
Alabama led globally in sentencing minors to death. While some of these practices have since been curtailed, children convicted during this era faced dire consequences such as life imprisonment or placement in adult prisons, where abuse and trauma were rampant. Lack of adequate juvenile protections left young offenders vulnerable and emotionally scarred.
One alarming case is that of a 13-year-old boy sentenced to life imprisonment for armed robbery. He spent 18 years in solitary confinement, highlighting the system’s unrelenting harshness towards children.
Examples
- Alabama had the highest global rate of minors sentenced to death in the 1980s.
- Juveniles in adult prisons were five times more likely to be sexually abused.
- A 13-year-old boy spent 18 years in solitary confinement for armed robbery.
4. Women face escalating incarceration rates and horrifying abuse conditions.
From 1980 to 2010, the rate of female incarcerations rose by 646 percent, far outpacing the rate for men. Many women were imprisoned for nonviolent offenses, such as drug use or theft, revealing a focus on criminalizing poverty and poor life circumstances.
Conditions in women’s prisons compounded their suffering. Overcrowding was rampant, sexual abuse by male guards was widespread, and small atrocities – like handcuffing women during childbirth – added unimaginable humiliation to their experience.
Tutwiler Prison in Alabama epitomizes these abuses. Built to house fewer inmates, it became excessively overcrowded by the 1990s. Male guards had free access to women’s showers, leading to instances of rape and pregnancies among prisoners.
Examples
- Between 1980 and 2010, female incarceration rose by 646 percent.
- Tutwiler Prison was overcrowded and rife with male guard abuse.
- Until 2008, it was common to shackle female inmates during childbirth.
5. The mentally ill suffer immensely in the prison system.
The closure of mental health facilities in America left mentally ill individuals vulnerable, pushing many into the criminal justice system where their conditions foreshadowed harsh punishment rather than treatment.
Half of today’s prison population suffers from some form of mental illness, a staggering reminder of the way society criminalizes those it would otherwise help. In the ’80s, the justice system often disregarded a defendant’s mental state, treating the mentally ill as any other criminals. This led to inhumane sentencing, including the death penalty, now outlawed for the mentally ill.
An incident in Angola Prison illustrates just how poorly equipped the system is: an epileptic man having a seizure was subdued with fire extinguishers instead of being provided urgent medical care.
Examples
- Half of the American prison population has a mental illness.
- Prisons house three times more mentally ill individuals than psychiatric hospitals.
- A Louisiana inmate experiencing a seizure was sprayed with fire extinguishers.
6. Prison sentences don’t just hurt individuals, they harm entire communities.
Imprisonment ripples outward, damaging both families and neighborhoods. Lengthy sentences, often ending in wrongful or extreme punishment, destabilize families by removing caregivers, supporters, and integral community members.
The case of Walter McMillian, falsely convicted and sent to death row, highlights these effects. His entire family and community in Monroe County, Alabama, suffered emotionally and socially due to his wrongful incarceration. The scars ran deep and spread wide, far beyond the individual prisoner.
Beyond isolated cases, the loss of working-age adults to long sentences often leaves communities struggling economically, perpetuating cycles of poverty and crime.
Examples
- Walter McMillian’s wrongful death row conviction tore his family apart.
- African-American communities face lasting economic challenges due to mass imprisonment.
- Families financially support incarcerated relatives while struggling to make ends meet themselves.
7. Some improvements have been made, but full reform is needed.
The American justice system has seen modest reforms. The early 2000s saw a drop in severe punishments like the death penalty and life sentences for minors. For instance, the Supreme Court fully outlawed life sentences without parole for children in 2012.
While these policy changes signal progress, the overall system remains rooted in discrimination and systemic inequalities. Vulnerable groups such as African-Americans, poor women, and the mentally ill continue to bear the brunt of unjust practices.
Reforms have reduced incarceration levels for the first time in decades. However, many communities still face hardships due to past and present injustices in the system.
Examples
- By 2012, life sentences without parole for juveniles were banned.
- From 1999 to 2010, the annual number of executions dropped by almost 50 percent.
- New York and Maryland abolished the death penalty entirely.
Takeaways
- Advocate for policies that favor rehabilitation over punishment, particularly for nonviolent offenders and juveniles.
- Elevate public awareness about systemic racism within the criminal justice system to push for meaningful reforms.
- Support community-based efforts to aid families and individuals impacted by mass incarceration.