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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
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
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
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
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
1. Farmer, P. E., Nizeye, B., Stulac, S., & Keshavjee, S. (2006). Structural Violence and
4. Stevenson, B. (2014). Just mercy: A story of justice and redemption (First edition.). New