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
It is late in the afternoon in Montgomery. The banks of the Alabama River are largely deserted. Bryan Stevenson and I walk slowly up the cobblestones from the expanse of the river into the city. We pass through a small, gloomy tunnel beneath some railway tracks, climb a slight incline and stand at the head of Commerce Street, which runs into the heart of Alabama’s capital. The walk was one of the most notorious in the antebellum South.
“This street was the most active slave-trading space in America for almost a decade,” Stevenson says. Four slave depots stood nearby. “They would bring people off the boat. They would parade them up the street in chains. White plantation owners and local slave traders would get on the sidewalks. They’d watch them as they went up the street. Then they would follow behind up to the circle. And that is when they would have their slave auctions.
“Anybody they didn’t sell that day they would keep in these slave depots,” he continues.
We walk past a monument to the Confederate flag as we retrace the steps taken by tens of thousands of slaves who were chained together in coffles. The coffles could include 100 or more men, women and children, all herded by traders who carried guns and whips. Once they reached Court Square, the slaves were sold. We stand in the square. A bronze fountain with a statue of the Goddess of Liberty spews jets of water in the plaza.
“Montgomery was notorious for not having rules that required slave traders to prove that the person had been formally enslaved,” Stevenson says. “You could kidnap free black people, bring them to Montgomery and sell them. They also did not have rules that restricted the purchasing of partial families.”
We fall silent. It was here in this square—a square adorned with a historical marker celebrating the presence in Montgomery of Jefferson Davis, the president of the Confederacy—that men and women fell to their knees weeping and beseeched slave-holders not to separate them from their husbands, wives or children. It was here that girls and boys screamed as their fathers or mothers were taken from them.
“This whole street is rich with this history,” he says. “But nobody wants to talk about this slavery stuff. Nobody.” He wants to start a campaign to erect monuments to that history, on the sites of lynchings, slave auctions and slave depots. “When we start talking about it, people will be outraged. They will be provoked. They will be angry.”
Stevenson expects anger because he wants to discuss the explosive rise in inmate populations, the disproportionate use of the death penalty against people of color and the use of life sentences against minors as part of a continuum running through the South’s ugly history of racial inequality, from slavery to Jim Crow to lynching.
Equating the enslavement of innocents with the imprisonment of convicted criminals is apt to be widely resisted, but he sees it as a natural progression of his work. Over the past quarter-century, Stevenson has become perhaps the most important advocate for death-row inmates in the United States. But this year, his work on behalf of incarcerated minors thrust him into the spotlight. Marshaling scientific and criminological data, he has argued for a new understanding of adolescents and culpability. His efforts culminated this past June in a Supreme Court ruling effectively barring mandatory life sentences without parole for minors. As a result, approximately 2,000 such cases in the United States may be reviewed.
***
Stevenson’s effort began with detailed research: Among more than 2,000 juveniles (age 17 or younger) who had been sentenced to life in prison without parole, he and staff members at the Equal Justice Initiative (EJI), the nonprofit law firm he established in 1989, documented 73 involving defendants as young as 13 and 14. Children of color, he found, tended to be sentenced more harshly.
“The data made clear that the criminal justice system was not protecting children, as is done in every other area of the law,” he says. So he began developing legal arguments “that these condemned children were still children.”
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Comments (18)
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
This is so sad.
Posted by Tom Ramagli on November 25,2012 | 12:36 AM
A great work the bro is doing, he knows that your youth are under attack by this government and is doing something to save your youth. one love
Posted by kwame binta on November 25,2012 | 10:30 AM
Great work, as usual, Mr. Hedges. I know you're only one person and you can only cover so much, but I hope one day to see you write on the mass use of prisons as holding pens for the mentally ill, because it's cheaper than providing adequate mental health care.
Posted by Bob Lord on November 21,2012 | 03:32 PM
This is a great article. The US mass incarceration policies are unfortunately world leaders in part because the USA does not use its own knowledge about how to prevent violence. Yes mass incarceration is horribly racially biased but so is the lack of attention to preventing the violence. http://bit.ly/SEictk For the harm done by the offender he is accountable but for not using the best methods to stop violence when that is known to us for that all of us are responsible.
Posted by Irvin Waller on November 21,2012 | 07:25 AM