Rhiannon Rasaretnam

20 November 2018

Just Mercy

Most people would cite the end of slavery as being in 1864 when the 13th amendment

was enacted, and some go further to say this is was when institutionalized racism ended.

However, others argue that slavery and racism have continued in new forms, including the prison

industrial complex, that specifically target black male Americans. Walter McMillan is a victim

of this system, punished for who he was, not for any actions he committed. In Bryan Stevenson’s

novel, ​Just Mercy​, he follows the story of Walter and others in similar situations in order to

explore the structural inequality of the United States justice system based on its disproportionate

impacts on poor, black, and disabled populations. He advocates for more humanity throughout

the legal process to understand the complex interaction of discrimination and poverty with law

enforcement and crime.

In this paper, I will argue that structural violence appears as the criminalization of people

of color and those with disabilities and addiction, with low economic status being tied in. This

perpetuates direct violence against these populations which is rationalized as a form of

retributive justice. Stevenson argues that in order to dismantle these harmful structures, we must

create a more merciful justice system and I will explore what that may look like.

Structural violence is the result of the existing institutions and policies that harm certain

populations (Farmer, 2006). Being black in America means that someone can be viewed as

inherently unlawful and are subsequently targeted by the police. Stevenson himself was stopped
by a squad of police despite not doing anything illegal (Stevenson, 2014, pg. 38-42). Poverty not

only creates unstable conditions that are linked to violent situations (Western, 2015) but makes it

much more difficult to navigate the legal system. Only after his community pooled together

funds was Walter McMillan able to afford lawyers to represent him (Stevenson, 2014, pg.56). In

addition, there is the criminalization of people with disability or addiction that often stems from

poverty as well. Stevenson helped people like Marsha Colbey (Stevenson, 2014, pg. 237) and

Jimmy Dill (Stevenson, 2014, pg. 284) who were punished by the law when they needed support.

The media depictions of these people only served to further ostracize these groups from society.

Bodies in power, whether it be the existing government or a colonial government, use the law to

criminalize and control those under them (Merry 1998). This structural violence is mirrored in

Just Mercy by state prosecutors, judges, police officers, and legislation passed through Congress

against these marginalized and oppressed populations in order to keep the unequal system in

place.

Direct violence is perpetuated by structural violence and is justified by its actors and

anyone complicit as being a retributive form of punishment. Direct violence is defined as actual

or threatened violence against a certain person or group, usually by an identifiable actor (Beckett,

Slide 5). The most common theme of direct violence in Just Mercy was of the prisoners being

abused or executed. Stevenson includes an excerpt from an affidavit describing the torturous

death of John Evans in the electric chair as it did not function properly (Stevenson, 2014, pg. 54).

This highlighted how the death penalty could be categorized as a form of cruel and unusual

punishment because of it not being guaranteed to death, besides being the most direct form of

violence: killing. Youth were not protected during this process either, in fact, they were one of
the more vulnerable populations. Stevenson described several stories of juvenile offenders being

sent to adult prisons (Stevenson, 2014, pg. 123). The state justifies its murder of death row

inmates by having it be a direct form of consequence for the act committed, but shielding the

process and the actual death from the public as to maintain a more clinical and detached image

from the person themselves (Haney, 1997). Prescribing the highest form of punishment to those

who have supposedly committed the worst crimes. Linking back to structural violence, we can

see that the death penalty disproportionately affects black male Americans thus supporting and

enabled by structural violence at the same time (Beckett, 2014).

From the legal system standpoint, Stevenson advocates for a merciful and humane

process for prisoners. Throughout Just Mercy, he alludes to countless cases of people who were

reduced down to their guilty verdict. He argues that we must see the humanity in these people

and seek to understand the context in which they were accused of a crime and the underlying

social issues. He also argues for more education to the public from the community standpoint

(Stevenson, 2014, pg.90). Stevenson explained how uneducated voters would simply choose the

judge who enacted the harshest punishments, Giving the story of Walter's compelling narrative

showed how people were touched and were able to understand the more human aspect of the

justice system and how real lives were being impacted (Stevenson, 2014, pg. 242-245). The

Equal Justice Initiative also worked with schoolchildren (Stevenson, 2014, pg. 298). Here,

Stevenson believes is the key to compassion is understanding the complex people and policies

that shape the justice system. Awareness of the unjust societal and legal structures is the first step

and allows change to happen. By moving toward a more empathetic and caring society, we can

focus on rehabilitation and support for those who commit crimes who are more often than not,
victims themselves.

Dismantling longstanding practices that enforce structural and direct violence will require

many different forms of action. Stevenson continues to fight for the abolishment of the death

penalty being abolished (Stevenson, 2014, pg.313). He argues that youths need to be sent to

juvenile prisons, rather than to adult prisons where they are more likely to be physically and

sexually abused and be mentally scarred due to isolation and the harsh prison environment

(Stevenson, 2014, pg.15). He opposes mandatory sentencing policies like the one that

condemned sixteen-year-old Trina Garnett to prison for life (Stevenson, 2014, pg 150-151).

These policy changes would remedy the symptoms of the unjust justice system but a cultural

shift is required to address the cause. For example, even though the Supreme Court mandated

that jury pools be representative of the population, peremptory strikes would be used to ensure

that minorities would not be able to actually serve (Stevenson, 2014, pg 59). Even if the rules

change, when the system is flawed, it still won't change. More educational programs in schools

and communities should be offered so that people can get a better understanding of the justice

system and how it operates differently for different people. By communities learning about

inequality and how it functions in our society, we can begin to change the way people think

about justice and adopt a more humane and merciful system.

The systematic injustices in the United States evidenced by the stories of death row

inmates in Just Mercy paint the picture of the justice system being the opposite of its name.

Structural and direct violence are interconnected concepts that result in the control and

oppression of marginalized populations. This structural violence continues today, and only by

being aware that it is happening, can we change it. Inequality is at the root of this and it will take
humanity to look past the crimes and the sentences to the people being affected by inequality to

make a difference. Only with short-term policy changes and long-term social changes, can this

system be broken and a more merciful system be put in place. it is easier to criminalize certain

groups and punish them to give the impression that justice is being carried out, but more difficult

to acknowledge and understand the historical events and perspectives that have provided certain

groups with power, those who are unwilling to let it go.

 Bibliography

1. Farmer, P. E., Nizeye, B., Stulac, S., & Keshavjee, S. (2006). Structural Violence and

Clinical Medicine. PLoS Medicine, 3(10). doi:10.1371/journal.pmed.0030449

2. Haney, C. (1997). Psychological Secrecy and the Death Penalty

3. Merry, S (1998). The Criminalization of Everyday Life

4. Stevenson, B. (2014). Just mercy: A story of justice and redemption (First edition.). New

York: Spiegel & Grau.