Friday, November 8, 2019

Just Mercy: A Story of Justice and Redemption

Book: Just Mercy: A Story of Justice and Redemption
Basic Information : Synopsis : Characters : Expectations : Thoughts : Evaluation : Book Group : New Words : Book References : Good Quotes : Table of Contents : References

Basic Information:
Author: Bryan Stevenson
Edition: ePub on Overdrive from the Mountain View Public Library
Publisher: Random House
ISBN: 0812994523 (ISBN13: 9780812994520)
Start Date: October 27, 2019
Read Date: November 8, 2019
336 pages
Genre: History, Biography, Interracial Understanding
Language Warning: None
Rated Overall: 4 ½ out of 5

History: 3 out of 5


Synopsis (Caution: Spoiler Alert-Jump to Thoughts):
The author follows his career as a lawyer in the south fighting to bring justice to a people whose trial did not bring justice. It particularly follows Walter McMillian who was condemned to death with a lying jail snitch and manufactured evidence, even though there was testimony that he was at a different event at the time. The book walks through what it took to right this wrong.


Stevenson also looks at other cases where the mentally ill or the young was condemned to death to talk about how this was not bringing justice, but a sense of vengeance. Or where laws and the action of enforcement was beyond the measure which made sense.


He concludes with how there needs to be just mercy rather than a reliance on a hammer.


Cast of Characters:

  • Bryan Stevenson-author, lawyer, main character
  • Walter McMillian-wrongly convicted. On death row
  • Robert E. Lee Key-the judge for McMillian’s trial
  • Minnie McMillian-wife
  • Karen Kelly-white woman who McMillian became intimate with
  • And many others

Expectations:
  • Recommendation: I heard about Bryan Stevenson through another book called The Sun Does Shine by Anthony Ray Hinton. It was Bryan Stevenson who eventually took on Hinton’s case
  • Date Became Aware of Book: April 9, 2018
  • How come do I want to read this book: Stevenson sounded interesting in the book. Then saw the book in a bookstore in Mountain View.
  • What do I think I will get out of it? Better understanding of the criminal system, particularly capital punishment.

Thoughts:

Introduction: Higher Ground
Interesting, when Stevenson was in school, he was interested in public policy. But what school, Harvard particularly, taught him was how to run an efficient and effective program, how to evaluate a program and maximize benefits while minimizing costs. But not so much in where the benefits went or why or what public good it would do.

When Stevenson first went to Alabama to intern with the Southern Prisoners Defense Committee, he did not realize he would be living on a shoestring. He also did not realize he would be making a real difference.

Stevenson’s grandmother’s words of wisdom was You can’t understand most of the important things from a distance… You have to get close.

The author lays out what is important to him:
  • There are thousands of people on death row.
  • Executions have been performed in a variety of ways of which none are humane.
  • There are kids on death row
  • There are kids who are serving life in imprison.
We as a people are implicated when we allow others to be mistreated

Each of us is more than the worst thing we’ve ever done.

.
Chapter 1 Mockingbird Players
Stevenson is given his first case: Walter McMillian. Also the first inkling about the resistance he will get when the judge of the case called him and told him to drop it. Talked about who Walter was and what happened at the trial.

Stevenson notes that the county where Walter McMillian is is where Harper Lee, of To Kill a Mockingbird fame, lived. The county celebrates her as an author, but throughout the book Just Mercy it becomes evident that it did not learn the lesson of the book.


Chapter 2 Stand
Living arrangements and the start of a project to take care of the needs of those on death row. But also his own experience with the Atlanta police.This got him to thinking, how prepared are people to meet police in a high stress situation? In a meeting, he met an older, wheelchair bound person who told him he was beating the drum of justice.

Stevenson who is a lawyer had stopped in front of his apartment late one night. He lingered in his car when the police pulled up and ordered him out of the car. His instinct was to run even when the police had the gun on him. He was 24 years old. If he thought of running, what about a young black man, particularly if there is a record on him? It gives me some perspective about why blacks run from police.

When he talks in a church, an old black man tells him that he is beating the drum for justice. This is an old civil rights phrase. This invokes the phrase which Martin Luther King, Jr used in a sermon, two months before his death Yes, if you want to say that I was a drum major, say that I was a drum major for justice. Say that I was a drum major for peace. I was a drum major for righteousness. And all of the other shallow things will not matter Stanford’s King Institute


Chapter 3 Trials and Tribulation
This chapter details the arrest, the evidence and the trail of Walter. Also even though Walter had not gone to trial yet, he was placed on death row to await trial.


Chapter 4 The Old Rugged Cross
Stevenson reviews several of his first death row cases. These were places which he was still trying to get organized, and gaining an understanding what it meant to work on death row cases. He realized this was his purpose.

Sounded like his new venture was started off with a wing and a prayer, but little money.

Most people do not know when their last day is. But a person on death row does. They get waited on. People who were uncaring are kind. There is discomfort for all when carrying out an execution.


Chapter 5 Of the Coming of John
There was no way which Walter could have killed the girl-too many witnesses able to say he was not there. They lived way outside of town. All of the relatives wanted to vouch for Walter. On the other hand, even with a new DA, the legal establishment was against Walter and reopening the case.

One of the stories in The Souls of Black Folk by W.E.B. Du Bois had a person going away to study to be a teacher. It is by his understanding that the community where he came from had hopes about him being successful and coming back to teach. Stevenson realized that there was some parallel to im-not that he was raised in Alabama, but that there was a lot of hopes being placed on him.

Stevenson when he went to visit Walter never felt that his time was wasted or unproductive. That is a wonderful attribute to place on Walter.

When someone comes forward with evidence showing that Walter could be innocent, Stevenson finds this disorienting to his sense of justice. He also wonders what they will do when he presses the case harder.


Chapter 6 Surely Doomed
Stevenson gets a call from a grandmother about her grandson who has shot his mother’s abusive boyfriend. He talks about meeting the boy-in an adult prison. Stevenson relates what happened and how this case was resolved.

Is a 16 or 17 old a child?

When one of his people is set free, a family takes him in. Stevenson tries to lower expectations, but the family points out that we all have been through alot. But if we don’t expect more from each other, hope better for one another, and recover from the hurt we experience, we are surely doomed.


Chapter 7 Justice Denied
He takes Walter’s case to the State’s Appeals Court. There he was met with silence for the most part. He then has help on the case and is able to interview more of the witnesses. This led to another murder, while not really connected, it gave insight in how Walter’s case was prosecuted. As he went through the investigation, it became more evident that there was misconduct on the State’s part. Stevenson requested a new trial and was granted a rehearing.


Chapter 8 All God's Children
This chapter goes through how when a crime is committed, or at least attributed to a person under 18, and a lot of times under 16, there are circumstances which helped to explain what happened. I do not think Stevenson excuses the crime, but uses it as an explanation and why there should be something done differently than incarceration. The places range from Philadelphia, New York and Los Angeles.


Chapter 9 I'm Here
The Rule 32 hearing-this is about the evidence in the original hearing-on Walter’s case takes place. Many of the original witnesses recanted their testimonies.

A Mrs. Williams who was a pretty old black lady had been barred from going into the courtroom for the McMillian hearing, On the second day, she was in. Her presence said to Stevenson that she was there because she had a vision of justice that compels me to be a witness. Stevenson understood from her presence that this was the reason he was here-to help bring justice to a man.


Chapter 10 Mitigation
Stevenson opens the chapter by saying that America’s prisons have become warehouses for the mentally ill. He goes on and talks about the prisons are being crowded by wrong-headed drug policies and excessive sentencing. But that the mentally ill is a driving force in this. I am thinking of when Ronald Reagan was the governor of California, he closed the insane asylums and released many of these people out onto the streets. This was because many of the institutions were more places to house people than to remedy the condition. With Stevenson’s assertion, I am wondering if we have come full circle.

There is a bit more which I am understanding from Stevensn’s comments. He notes that the combined events of blacks having served in the armed forces during WWII and the desegregation of the schools, the white South rose up and started making more segregation symbolism-statues and Confederate flags on top of capitals. There is more than commemorating the past with these symbols, it is trying to push forward the past into the present, trying to resurrect a time when those “other” people were not as privileged as whites.

Noted that we excuse and help those with physical disability, appropriately enough, but those with mental disabilities are judged more by their defects and failures. We do not accommodate this in our criminal justice system. I do not think Stevenson is saying excuse crimes, but understand why the crime and make sure the punishment also leads more to a remedy than a housing situation.


Chapter 11 I'll Fly Away
He starts the chapter with the threats to both the agency working with death row inmates as well as himself. These were not idle threats as others in the law had died after threats. He received the ruling on the Rule 32 hearing-denying a retrial. Stevenson felt he would be going to the appeals court anyway. There began to be publicity about the case as news leaked out about what the trial was like. The State then sent independent investigators to look over the case. The Appeals Court invalidated the original trial and said he needed to be retried. Instead the district attorney did not oppose a motion to dismiss the charges. Walter got out. But his wife no longer wanted to be with him. Also it was best to remain away until things calmed down.

No lie can live forever and this has always been one big lie. Referring to Walter

When Stevenson finally convinced a court that Walter had had a trial which did not reflect justice, he says that I didn’t realize how much I had feared that we would lose until we finally won. When something good happens, that is when you realize how bad things were.

Walter when he hears the good news, his heart is in such as way that he wants two things: 1) to meet everybody who has helped him. 2) He wants good food.

Stevenson uses the term laugh of liberation. I take it that Walter and him could enjoy an unrestrained laugh. The restraint of knowing that he could die soon was released.

The miscarriage of justice had created permanent injuries. Not just the six years which Walter lost. But in all of the stuff which came out, it was that Walter had cheated on his wife. Minnie would not be reconciled to him. It would never be the same for Walter. As Stevenson said, no lie can live forever.


Chapter 12 Mother, Mother
Another chapter where Stevenson explores where justice is not served, or at least not in measure to the crime. This time it is about a mother of six whose child was stillborn. The question of stillborn and an infant who died shortly after birth comes into question.

Not sure about Stevenson’s statement-that a person was dirt poor, but that she had compensated for the possessions not available with giving them her heart. I look at it that the heart is the primary thing you can give your children. That is what they will remember the most, not the possessions you give them..

Redefining what muder is concerning a pregnant mother-environment being the womb and its surrounding and child to include the fetus. Somehow, fetus sounds so impersonal while child sounds so human. I wonder what Stevenson would say about his own-I do not know his family life and background. So this is not meant to be insensitive to him. Ust pondering how we turn words to emphasize what we want.

Stevenson’ main point is that we have redefined murder to include when a woman harms her unborn child. This includes taking drugs during pregnancy. He calls this the “untouchable” class. I do not think it is similar to India’s untouchables though. At least I do not see the similarities.


Chapter 13 Recovery
There was publicity in Walter’s release, more than most of the other wrongful conviction releases. The thing which was apparent was the story counter to the American sense of fair justice. There was also after effects-just being on death row watching men who became his acquaintances affected Walter. Walter did not receive any compensation for being wrongly convicted.Walter would accompany Stevenson to many of Stevenson’ speaking engagements. Walter was getting more and more disoriented.

Walter after being released told Stevenson how much stress living under the threat of execution and watching other men being executed had on him. It was not relieved after his release. There was still effects, even as he tried to move forward.


Chapter 14 Cruel and Unusual
Stevenson starts with the story of a 13 year old, Joe Sullivan, who was tried and convicted of sexual assault, while his older accomplishes got a much more lenient sentence. He was put into an adult prison for life. He ended up in a wheelchair. When Stevenson came to visit him, he was in a small cage, so small his wheelchair could not be freed from it. More children convicted of crimes and sentenced to long prison sentences were brought forward. To put into context he talks about his own grandfather being killed by a juvenile. It was only through exploring these kids lives did he start to understand his own grandfather’s murders.

Stevenson’s grandfather had been murdered during a house robber of his television set when he was 86 years old. This left a lasting mark on Stevenson and his family. It left many questions. Those questions started coming together as he worked with death row inmates. One of the things is that you cannot understand the act without understanding the background of the person.


Chapter 15 Broken
In the meantime, Walter was deteriorating-sounded like a form of dementia. He was placed in a nursing home where he thought he was back on death row. Stevenson goes through and talks about execution by injection. Then Stevenson meets the realization why he is doing the work he is doing-because as broken as the men and women he is serving, he himself is broken as we all are.

This chapter is based upon a revelation which Stevenson had concerning his place in his organization. He realized that the organization had grown. Others could do and were capable of doing what he did. Being tired and depressed about the failures he was ready to leave. What stopped him. He realized that it was not the organization needing him, but he needed his role in bringing justice for others. Being close to executions, showed his own brokenness. He says that We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness…

Thomas Merton: We are bodies of broken bones. The fuller quote is: As long as we are on earth, the love that unites us will bring us suffering by our very contact with one another, because this love is the resetting of a body of broken bones. Even saints cannot live with saints on this earth without some anguish. There are two things which men can do about the pain of disunion with other men. They can love or they can hate. From New Seeds of Contemplation, pg 72

Each of us is more than the worst thing we’ve ever done. I usually phrase it that if we believe the Bible, then each of us have the image of God in us. And just that image, no matter how shaded it is, is brighter than the worst of our sin. It is up to us to honor Christ in us and let that light shine a bit brighter. Stevenson goes on and says that When you experience mercy, you learn things that are hard to learn otherwise. This is part of him which is getting rejuvenated

The title of the book comes from The power of just mercy is that it belongs to the undeserving. It’s when mercy is least expected that its most potent--strong enough to break the cycle of victimization and victimhood, retribution and suffering. This is what Stevenson is trying to get across-mercy in justice can change people and situations. What Stevenson really does not talk about is how to administer it. Is it to be done selectively or as a blanket? What criteria?


Chapter 16 The Stone catchers' Song of Sorrow
Several cases Stevenson worked on reached the Supreme Court, further defining what was cruel and unusual. He talked about the Anthony Ray Hinton case. He also started working on race and poverty issues, finding that they were closely connected to crime. His agency crew larger and better able to handle the cases coming in. He also talked about race and justice and what shaped how it was administered. At the end of one case, Stevenson meets a woman who sits on a bench and comforts people. She calls herself a stone catcher-catches the stones thrown at people. She says that is what Stevenson is doing.

Stevenson mentions another case he was working on-Anthony Ray Hinton. This is how I was introduced to Stevenson. I read Hinton’s book called The Sun Does Shine. While Stevenson has the view of a person trying to make sure justice is given, Hinton has the view of a man who needed justice. They are good complimentary views.

Stevenson found that working on race and poverty issues dovetailed which his work on criminal justice. He felt that there were four things which shaped America’s approach to race and justice:
  1. Slavery-to blacks,
  2. Reign of terror. Terrorism was not new. They had been dealing with the police, the Klan and any white person who felt they got slighted by a black.
  3. Jim Crow Laws. This set up how blacks had to act or be in violation of at least custom, if not law. This is somewhat the the legacy of profiling.
  4. Mass incarceration.


Epilogue
Walter’s eulogy along with what does a just mercy mean.

He uses the terms anguished of stressed lives and pain of the oppressed people. That these things if gathered together could fuel and ignite some impossible actions. He terms that maybe transformational redemption.

Walter asks, do you ever think about dying? He means specifically how you will die, when you will die. Being on death row, watching men prepare to die and men dying gets that into your thought pattern. He then goes on that people are supposed to die on God’s schedule. While Walter is talking about death row, in some ways, we have gotten away from this as well. We extended out death in every conceivable way to avoid dying.

A basic question in capital punishment: Do we deserve to kill? This is central to the book. How we convict and sentence tells us about how we are as a people.

Stevenson comments about Walter: it was just mercy towards others that allowed him to recover a life worth celebrating, a life that rediscovered the love and freedom that all humans desire a life that overcame death and condemnation with it was time to die on God’s schedule. A good way to conclude.

Evaluation:
There is a feel good message in Just Mercy, but there is also a lot of discomfort in the book. The book is about Bryan Stevenson’s mission to provide justice to those who have not had a fair shake with the justice system. He works principally in the South with some cases talked in California or further up the Eastern seacoast. The story principally follows his effort to get a fair trial for Walter McMillian, a man on death row who did not get a fair trial. He is successful in getting him released.

And the discomfort? As much as I like to think that in most cases, the courts are fair, Stevenson exposes how justice may rest on the needs of political characters, on the need to appear strong against crime, the need to preserve a certain ways of thinking. In the process people are condemned to death row, the mentally ill are given death sentences without regard to their condition. Mothers of stillborn children not only have to grieve their loss, but fight against being convicted of murder. Justice in America is not guilty or not guilty, but one which has baggage which goes with it.

Stevenson does a good job telling his story and the weaknesses of the system. But he is a bit weak on what remedies there are. He is against the use of the death penalty. He does not really go into what remedies there are. So after reading the book, I realize this is more of a starting place than a conclusion. It is a book, which allows one to start exploring what should be done.

 
Notes from my book group:

Many of these questions are either from or adapted from LitLovers.
  • Why the title of Just Mercy?
  • Does this story work as an autobiography? As a book espousing a position?
  • Did the ending seem fitting? Satisfying? Predictable?
  • Which person was the most convincing? Least?
    • Which person did you identify with?
    • Which one did you dislike?
  • Every story has a world view. Were you able to identify this story’s world view? What was it? How did it affect the story?
  • In what context was religion talked about in this book?
  • Was there anybody you would consider religious?
    • How did they show it?
    • Was the book overtly religious?
    • How did it affect the books story?
  • Why do you think the author wrote this book?
  • What would you ask the author if you had a chance?
  • What “take aways” did you have from this book?
  • What central ideas does the author present?
    • Are they personal, sociological, global, political, economic, spiritual, medical, or scientific
    • What evidence does the author use to support the book's ideas?
      • Is the evidence convincing...definitive or...speculative?
      • Does the author depends on personal opinion, observation, and assessment? Or is the evidence factual—based on science, statistics, historical documents, or quotations from (credible) experts?
    • What implications for you, our nation or the world do these ideas have?
    • Are these ideas's controversial?
      • To whom and why?
  • Are there solutions which the author presents?
    • Do they seem workable? Practicable?
    • How would you implement them?
  • Describe the culture talked about in the book.
    • How is the culture described in this book different than where we live?
    • What economic or political situations are described?
    • Does the author examine economics and politics, family traditions, the arts, religious beliefs, language or food?
  • How did this book affect your view of the world?
    • Of how God is viewed?
    • What questions did you ask yourself after reading this book?
  • Talk about specific passages that struck you as significant—or interesting, profound, amusing, illuminating, disturbing, sad...?
    • What was memorable?
New Words:
  • Miscegenation (1): the interbreeding of people considered to be of different racial types.
Book References:
  • To Kill A Mockingbird by Harper Lee
  • The Souls of Black Folk by W.E.B. Du Bois
  • The Origin of the Species by Charles Darwin
  • Circumstantial Evidence byPete Earley
  • Slavery by Another Name by Douglas Blackmon

Good Quotes:
    • First Line: I wasn’t prepared to meet a condemned man.
    • Last Line: It wasn’t likely that we could do much for many people who needed help, but it made the journey home less sad to hope that maybe we could.
    • You can’t understand most of the important things from a distance… You have to get close. Stevenson grandmother, Chp: Introduction
    • Love is the motive, but justice is the instrument. Reinhold Niebuhr
    • You can’t understand most of the important things from a distance… You have to get close. Bryan Stevenson’s grandmother, Introduction
    • if we don’t expect more from each other, hope better for one another, and recover from the hurt we experience, we are surely doomed. Chapter 6 Surely Doomed
    • No lie can live forever. Chapter 11 I'll Fly Away
    • As long as we are on earth, the love that unites us will bring us suffering by our very contact with one another, because this love is the resetting of a body of broken bones. Even saints cannot live with saints on this earth without some anguish. There are two things which men can do about the pain of disunion with other men. They can love or they can hate. Thomas Merton. From New Seeds of Contemplation, pg 72
    • Each of us is more than the worst thing we’ve ever done. Chapter 15 Broken
    • When you experience mercy, you learn things that are hard to learn otherwise. Chapter 15 Broken
    • The power of just mercy is that it belongs to the undeserving. It’s when mercy is least expected that its most potent--strong enough to break the cycle of victimization and victimhood, retribution and suffering. Chapter 15 Broken
      Table of Contents:
      • Introduction: Higher Ground p. 3
      • Chapter 1 Mockingbird Players p. 19
      • Chapter 2 Stand p. 35
      • Chapter 3 Trials and Tribulation p. 47
      • Chapter 4 The Old Rugged Cross p. 67
      • Chapter 5 Of the Coming of John p. 92
      • Chapter 6 Surely Doomed p. 115
      • Chapter 7 Justice Denied p. 127
      • Chapter 8 All God's Children p. 147
      • Chapter 9 I'm Here p. 163
      • Chapter 10 Mitigation p. 186
      • Chapter 11 I'll Fly Away p. 203
      • Chapter 12 Mother, Mother p. 227
      • Chapter 13 Recovery p. 242
      • Chapter 14 Cruel and Unusual p. 256
      • Chapter 15 Broken p. 275
      • Chapter 16 The Stone catchers' Song of Sorrow p. 295
      • Epilogue p. 311

      References:
        • AP article with the main actor in the Just Mercy movie
        • PBS Had a tenth anniversary interview with Stevenson on Dec 11, 2024

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