Why Mass Incarceration Defines Us As a Society
Bryan Stevenson, the winner of the Smithsonian American Ingenuity Award in social justice, has taken his fight all the way to the Supreme Court
- By Chris Hedges
- Smithsonian magazine, December 2012, Subscribe
(Page 2 of 4)
Stevenson first made those arguments before the Supreme Court in 2009, in a case involving a 13-year-old who had been convicted in Florida of sexual battery and sentenced to life in prison without parole. The court declined to rule in that case—but upheld Stevenson’s reasoning in a similar case it had heard the same day, Graham v. Florida, ruling that sentencing a juvenile to life without parole for crimes other than murder violated the Eighth Amendment’s ban on cruel and unusual punishment.
Last June, in two cases brought by Stevenson, the court erased the exception for murder. Miller v. Alabama and Jackson v. Hobbs centered on defendants who were 14 when they were arrested. Evan Miller, from Alabama, used drugs and alcohol late into the night with his 52-year-old neighbor before beating him with a baseball bat in 2003 and setting his residence on fire. Kuntrell Jackson, from Arkansas, took part in a 1999 video-store robbery with two older boys, one of whom shot the clerk to death.
The states argued that children and adults are not so different that a mandatory sentence of life imprisonment without parole is inappropriate.
Stevenson’s approach was to argue that other areas of the law already recognized significant differences, noting that children’s brains and adults’ are physiologically distinct. This, he said, is why children are barred from buying alcohol, serving on juries or voting. He argued that the horrific abuse and neglect that drove many of these children to commit crimes were beyond their control. He said science, precedent and consensus among the majority of states confirmed that condemning a child to die in prison, without ever having a chance to prove that he or she had been rehabilitated, constituted cruel and unusual punishment. “It could be argued that every person is more than the worst thing they’ve ever done,” he told the court. “But what this court has said is that children are uniquely more than their worst act.”
The court agreed, 5 to 4, in a landmark decision.
“If ever a pathological background might have contributed to a 14-year-old’s commission of a crime, it is here,” wrote Justice Elena Kagan, author of the court’s opinion in Miller. “Miller’s stepfather abused him; his alcoholic and drug-addicted mother neglected him; he had been in and out of foster care as a result; and he had tried to kill himself four times, the first when he should have been in kindergarten.” Children “are constitutionally different from adults for purposes of sentencing,” she added, because “juveniles have diminished culpability and greater prospects for reform.”
States are still determining how the ruling will affect juveniles in their prisons. “I don’t advocate that young people who kill should be shielded from punishment. Sometimes the necessary intervention with a youth who has committed a serious crime will require long-term incarceration or confinement,” Stevenson says. “However, I don’t think we can throw children away.” Sentences “should recognize that these young people will change.”
***
Stevenson, 52, is soft-spoken, formal in a shirt and tie, reserved. He carries with him the cadence and eloquence of a preacher and the palpable sorrow that comes with a lifetime advocating for the condemned. He commutes to New York, where he is a professor of clinical law at New York University School of Law. In Montgomery he lives alone, spends 12, sometimes 14 hours a day working out of his office and escapes, too rarely, into music. “I have a piano, which provides some therapy,” he says. “I am mindful, most of the time, of the virtues of regular exercise. I grow citrus in pots in my backyard. That’s pretty much it.”
He grew up in rural Milton, Delaware, where he began his education in a “colored” school and other forms of discrimination, such as black and white entrances to the doctor’s and dentist’s offices, prevailed. But he was raised in the embrace of the African Methodist Episcopal Church, and his parents worked and provided an economic and emo- tional stability that many around him lacked. He played the piano during worship. His father and his sister, who is a music teacher, still live in Delaware. His brother teaches at the University of Pennsylvania. His mother died in 1999.
When Stevenson was 16, his maternal grandfather was murdered in Philadelphia by four juveniles; they were convicted and sentenced to prison. Stevenson does not know what has become of them. “Losing a loved one is traumatic, painful and disorienting,” he says. But ultimately the episode, and others in which relatives or friends became crime victims, “reinforced for me the primacy of responding to the conditions of hopelessness and despair that create crime.”
He attended a Christian college, Eastern University in Wayne, Pennsylvania, where he directed the gospel choir. He did not, he says, “step into a world where you were not centered around faith” until he entered Harvard Law School in 1981. The world of privilege and entitlement left him alienated, as did the study of torts and civil procedure. But in January 1983, he went to Atlanta for a month-long internship with an organization now called the Southern Center for Human Rights. The lawyers there defended inmates on death row, many of whom, Stevenson discovered, had been railroaded in flawed trials. He found his calling. He returned to the center when he graduated and became a staff attorney. He spent his first year of work sleeping on a borrowed couch.
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Comments (18)
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That picture of the little kid in the cell was so heartbreaken. I cried when I saw that and it touched my at home. Because a love one of mine was convicted of a child crime that he said he didn't do and some adults were messing with him but he ended up being trialed as an adult and convicted to 7-14 years. Sometimes I think I need to talk to someone because of the hurt I go through mentally behind what happen to my love one but I just take my cares to the Lord above. That image so powerful. So strong. So sad. Most adults can't look at pictures like that and talk about it.
Posted by Darryl on February 4,2013 | 12:14 PM
It is interesting that no mention of Drug Prohibition was made in the entire article.
Posted by M. Simon on December 24,2012 | 09:23 AM
This article was interesting, intriguing and quite controversial. Always has questioned the severity of sentences to minors, and in some cases, whether or not to generalize about the seriousness of the crimes. As it is mentioned, there are cases of young people who committed crimes of high seriousness and, worse, are minors being tried as adults under the law. However, what stands out is the statistics on the number of minors sentenced to death. The largest percentage of this group is people of color. At this point, it shows that discrimination is still prevalent to people of color in the U.S. A., which always points to the "black" as people related to crime without hard evidence or a quality legal assistance. The justice system has not placed a greater emphasis on eliminating this discrimination, because they make a blind eye to the numbers. However, there are people like Stevenson that still struggling to maintain a system of fair trial without discriminating by skin color, while maintaining the possibility of let the opportunity to minors to demonstrate that they can rectify their criminal acts.
Posted by Cristina Ruiz on December 11,2012 | 12:28 AM
I just want to thank Chris Hedges for this article. It was so thought provoking and so eye opening. And I really want to know if there is more we can do, or how we can help fight the injustice(s) of our criminal justice system?!
Posted by Amanda on December 11,2012 | 10:41 PM
Reply to Sharon Miller: The photograph, on page 67 of the December 2012 issue, was taken by Steve Liss and published in his book entitled "No Place for Children: Voices from Juvenile Detention." For more information you may wish to visit the following websites: http://digitaljournalist.org/issue0510/liss.html and http://www.steveliss.com/#/photographic-essays/children-behind-bars/JUV_2__Cover
Posted by Letters to the Editor on December 11,2012 | 05:06 PM
I am amazed that so few people in this country feel it's okay to provide inadequate public education and when people can't compete in the job market, we toss them in jail. Let's get fiscal here... how is it cheaper to keep large groups of people in jail rather that spend a little more on public education? On top of that, we are cutting budgets on the court system, so, cases will be longer and more difficult to appeal. Only the wealthy can get justice.
Posted by karl strahlendorf on December 10,2012 | 07:09 PM
I am inspired as I noticed the title of the piece and began to read. As I read, I am reminded that I should be attending to my college class work, but I could not stop. I am inspired because I am HIV postitive and I want to get the word out about Stigma and how this scenario you describe of being black, deprived, criminal, and having been incarcerated permeates our inner cities. I too share some of those descriptions. Add to those an AA, BA, and working on my Master's Degree. I sometimes feel that regardless of what I accomplish in this society structure I will never accomplish the things that whites in my same shoes can. I felt inspired that may, just maybe if I continue to study and write the book that I want to write to address these issues that I have described even if it is for my own peace of mind so that I can move to the next phase of my development then so it is. Thank you for the inspiration to continue to fight under whatever circustances you find yourself. People are made to endure if they keep their faith and never give up.
Posted by Virginia on December 6,2012 | 08:57 PM
What a beautiful story and a wonderful man with a life's purpose. Thank you.
Posted by Samantha on December 1,2012 | 09:56 AM
Our criminal justice system was devised in a historic era when some people were seen as less than human e.g. slavery. It is discouraging to me that we haven't seen the error of the CJ system. "Punishment for crime to fit the crime." Why not switch to incarceration until the defendant can establish that he no longer presents a danger to society. If he lacks education, he gets an education. If he has an education he becomes a teacher of other inmates. He works to change the prison environment to make it a safe place rather than a dangerous place. Once he establishes a new way of being in prison, he can get out on parole and then he has some time to prove he can act safely on the outside too. This would eliminate the need for capital punishment. And yes maybe we should not let some of them out. But the whole idea of punishment rather than rehab seems counterproductive to me. And any criminoligist will tell you it doesn't work the way we do it now - punishment for so many years means you've paid your debt to society - BS.
Posted by Charlie Enright on November 30,2012 | 08:16 PM
Beautiful human being. Human in the highest sense of the word. A model for our frightened and self-absorbed culture. Thank God for him.
Posted by Bern on November 29,2012 | 09:18 PM
Education vs Incarceration. It is cheaper to teach and educate than it is to keep men and women incarcerated. This article gave me a very good lesson. I will try to pass that lesson on to others.
Posted by lekraM xeR on November 29,2012 | 08:07 PM
I spent 10 years in some of California's worst prisons, with 4 years in solitary confinement. My crimes, drug crimes. I was a runaway and got into selling pot. Now pot is legal? I turned my life around by writing novels and am now a best selling author and speaker. The message in my books goes with this great article. We are breeding bigger problems by incarcerating so many people. In prison, drug addicts are bred into displaced humans.
Posted by Glenn Langohr on November 29,2012 | 11:47 AM
I want to know about the young boy in the photo sitting alone in the prison cell. Please tell me everything about his situation. The photo is so powerful and I'm in tears, what can I do to help?
Posted by Sharon Miller on November 29,2012 | 05:06 AM
Mr. Stevenson offers no alternatives for separating criminals from society, and basically advocates giving criminals "of color" a pass because of past wrongs against their race. He wants a racially bifurcated society where justice is not blind, but is based on skin color. Perhaps Mr. Stevenson should focus his considerable talents in discovering why the crime rate is so high among people "of color" and how to stop the culture of criminality.
Posted by Bob Hoff on November 28,2012 | 08:52 PM
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