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 3 of 4)
He found himself frequently in Alabama, which sentences more people to death per capita than any other state. There is no state-funded program to provide legal assistance to death-row prisoners, meaning half of the condemned were represented by court-appointed lawyers whose compen- sation was capped at $1,000. Stevenson’s reviews of trial records convinced him that few of the condemned ever had an adequate defense. He got the conviction of one death-row inmate, Walter McMillian, overturned by the Alabama Court of Criminal Appeals. His next case, he says, led him to establish EJI.
It began with a collect call from Herbert Richardson, a death-row inmate at Holman State Prison. Richardson, a disturbed Vietnam combat veteran, had left an explosive device on the porch of an estranged girlfriend; it killed a young girl. His execution was to be held in 30 days. Stevenson, after a second phone call, filed for an emergency stay of execution, which the state rejected.
“He never really got representation until we jumped in,” Stevenson says.
He went to the prison on the day of the execution, which was scheduled for midnight. He found his client surrounded by a half-dozen family members, including the woman who had married him the week before. Richardson repeatedly asked Stevenson to make sure his wife received the American flag he would be given as a veteran.
“It was time for the visit to end,” Stevenson recalls. But the visitation officer, a female guard, was “clearly emotionally unprepared to make these people leave.” When she insisted, Stevenson says, Richardson’s wife grabbed her husband. “She says, ‘I’m not leaving.’ Other people don’t know what to do. They are holding on to him.” The guard left, but her superiors sent her back in. “She has tears running down her face. She looks to me and says, ‘Please, please help me.’ ”
He began to hum a hymn. The room went still. The family started singing the words. Stevenson went over to the wife and said, “We’re going to have to let him go.” She did.
He then walked with Richardson to the execution chamber.
“Bryan, it has been so strange,” the condemned man said. “All day long people have been saying to me, ‘What can I do to help you?’ I got up this morning, ‘What can I get you for breakfast? What can I get you for lunch? What can I get you for dinner? Can I get you some stamps to mail your last letters? Do you need the phone? Do you need water? Do you need coffee? How can we help you?’ More people have said what can they do to help me in the last 14 hours of my life than they ever did” before.
“You never got the help you needed,” Stevenson told him. And he made Richardson a promise: “I will try and keep as many people out of this situation as possible.”
Richardson had asked the guards to play “The Old Rugged Cross” before he died. As he was strapped into the electric chair and hooded, the hymn began to blare out from a cassette player. Then the warden pulled the switch.
“Do you think we should rape people who rape?” Stevenson asks. “We don’t rape rapists, because we think about the person who would have to commit the rape. Should we assault people who have committed assault? We can’t imagine replicating a rape or an assault and hold onto our dignity, integrity and civility. But because we think we have found a way to kill people that is civilized and decent, we are comfortable.”
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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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