Sunday, February 7, 2016

LEADING THE MARCH TOWARDS CRIMINAL JUSTICE

Release Date: February 5, 2016 
Marian Wright Edelman
Each of us is more than the worst thing we’ve ever done. My work with the poor and the incarcerated has persuaded me that the opposite of poverty is not wealth; the opposite of poverty is justice. . . . I’ve come to believe that the true measure of our commitment to justice, the character of our society, our commitment to the rule of law, fairness, and equality cannot be measured by how we treat the rich, the powerful, the privileged, and the respected among us. The true measure of our character is how we treat the poor, the disfavored, the accused, the incarcerated, and the condemned.”

--Bryan Stevenson, Author of Just Mercy and Executive Director of the Equal Justice Initiative

Bryan Stevenson’s inspiring and best-selling book Just Mercy shares some of the fruits of his lifelong fight to push our nation closer to true justice. In January our nation took two more steps forward in the ongoing struggle to treat children like children and ensure a fairer justice system for all, especially for our poor and those of color.

In 2012 Bryan Stevenson won the landmark United States Supreme Court case Miller v. Alabama banning mandatory sentences of life in prison without parole for children 17-years-old and younger. Until then the United States was the only country in the world that routinely condemned children convicted of crimes as young as 13 and 14 to die in prison. After that ruling most states that had sentenced youths to mandatory life sentences gave them the opportunity to argue for reduced sentences or apply for parole. Seven did not: Alabama, Colorado, Louisiana, Michigan, Minnesota, Montana and Pennsylvania. Three of these, Pennsylvania, Louisiana, and Michigan, accounted for more than 1,100 of the 1,200-1,500 inmates still imprisoned for crimes committed as children. A January 25 U.S. Supreme Court ruling in Montgomery v. Louisiana made clear that the Miller decision must be applied retroactively in every state. Supreme Court Justice Anthony Kennedy wrote in the decision, “The opportunity for release will be afforded to those who demonstrate the truth of Miller’s central intuition — that children who commit even heinous crimes are capable of change.”

One of Bryan Stevenson’s searing stories in Just Mercy is about a child sentenced to life in prison without parole. Ian Manuel pled guilty to armed robbery and attempted murder for a crime he committed with two older boys when he was thirteen. He was incarcerated at Apalachee Correctional Institution in Florida, an adult prison, and sent to solitary confinement: “Solitary confinement at Apalachee means living in a concrete box the size of a walk-in closet . . . If you shout or scream, your time in solitary is extended; if you hurt yourself by refusing to eat or mutilating your body, your time in solitary is extended . . . In solitary Ian became a self-described ‘cutter’; he would take anything sharp on his food tray to cut his wrists and arms just to watch himself bleed. His mental health unraveled, and he attempted suicide several times. Each time he hurt himself or acted out, his time in isolation was extended. Ian spent 18 years in uninterrupted solitary confinement”—despite calls from even his victim about his inhumane confinement.

Tragically Ian Manuel’s story is not unique. The same day the U.S. Supreme Court decided Montgomery v. Louisiana, President Obama announced a ban on solitary confinement in the federal prison system for all children and youths, and for adults incarcerated for “low-level infractions” in an executive action that should serve as a model for all states and local jurisdictions. The President wrote solitary confinement “has been linked to depression, alienation, withdrawal, a reduced ability to interact with others and the potential for violent behavior. Some studies indicate that it can worsen existing mental illnesses and even trigger new ones. Prisoners in solitary are more likely to commit suicide, especially juveniles and people with mental illnesses. The United States is a nation of second chances, but the experience of solitary confinement too often undercuts that second chance. . . . In America, we believe in redemption. We believe, in the words of Pope Francis, that ‘every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes.’ We believe that when people make mistakes, they deserve the opportunity to remake their lives. And if we can give them the hope of a better future, and a way to get back on their feet, then we will leave our children with a country that is safer, stronger and worthy of our highest ideals.”

Reaching that vision of America—the one that believes in redemption and hope and equal justice for all—is the goal Bryan Stevenson has been striving for throughout his life. His critical victories over 30 years exonerating innocent death row prisoners and helping ensure fairer treatment for others, along with his earlier success before the U.S. Supreme Court in Roper v. Simmons that banned the execution of children have convinced him you cannot make a difference and create justice until you get close to the people who are struggling. He has said, “All of my clients are broken. They’ve been broken by poverty. They’ve been broken by racism. They’ve been broken by inequality. They’ve been broken by injustice. . . . When you’re broken you need grace. When you’re broken you need love. When you’re broken you need fellowship. When you’re broken you need understanding. When you’re broken you need vision.” Bryan Stevenson is unwavering in that vision and in lifting his voice of great moral clarity at the forefront of the struggle. Every new hard-earned and overdue victory should remind us all that we must keep moving towards greater justice for all.


10 comments:

  1. Bryan Stevenson isn't afraid of the dark, the areas most of us don't want to deal with or even think about. In fact, he willingly throws himself into the darkness to make a way to the light for those who are being damaged and broken by our "justice system." We seldom hear about things like children being sentenced to life in prison and even more seldom, we hear about people fighting for those children to have a second chance. Why is this heinous punishment even allowed to exist? As adults, it's our job to teach children when they make mistakes. A second chance is the only way to see if they've learned the lesson they've just been re-taught. Eternal punishment doesn't help anyone. Punishment is meant to hurt. When we hurt, we break. When we break, we need to be put back together. We can't be fixed if punishment never stops. Bryan Stevenson said, "When you're broken you need grace. When you're broken you need love. When you're broken you need fellowship. When you're broken you need understanding. When you're broken you need vision." I think this is an important message to remember when working with our kids this summer. They might not commit a crime, but they will surely get on our nerves and do things that make us question their home lives. We need to remember that many of our kids are coming to us already broken. We need to provide that grace, love, fellowship, understanding, and vision Mr Stevenson talks about. We need to be their fixers. We need to stand up for them. We need to let them know what justice really is and that it exists.

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    1. Jasmine,
      I could not agree more. I believe that everyone deserves a second chance, especially our children. As they grow and learn, mistakes will happen. No one is perfect and as child advocates we must demonstrate the patience necessary to mold them into the leaders of tomorrow. As you mentioned, many of our children this summer, or for some of us, during the school year will be coming from broken homes. We cannot just write them off as soon as they make a mistake. If we did, how will they ever learn? In the words of Pope Francis:"when people make mistakes, they deserve the opportunity to remake their lives." As we work to prepare to train another generation of leaders, we have to remind them the importance of being patient with our children.

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  2. I agree completely, Bryan Stevenson is the perfect example of "Servant Leadership." Many of us see the injustices and the problems in our world, some of us actually tried to affect change (donate money, volunteer, spread awareness), but very few of us try to understand the people who these injustices and problems are effecting.
    His efforts are what we need, a revamp of our justice system is LONG overdue and Stevenson's efforts helped start this process.

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  3. The idea of broken people from poverty gives me a great sense of urgency to take the work that we do in freedom schools to the next level. The affects of poverty have so many negative implications on those impacted by it. The fact that this country condemns children with heinous punishments is absolutely one of the greatest injustices. I have watch so many children come into the system for crimes that should have taken away the rest of their lives. There are many factors that influence a child's decision or lack thereof. I believe that if we could attack more of the reasons why our children end up in terrible situations, we can began to decrease the amount of children affected by the system. Furthermore, I believe we as child advocates must take more action in the justice system for our children. We must not be afraid to challenge laws, school regulations, and societal norms that place our children at great disadvantages because of their mistakes, race, or socioeconomic backgrounds. Stevenson is a great example of a crusader for children and I certainly appreciate his work.

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  4. Ms. Mindy, I share your sentiments. At what point do we as a society question our own motives? How does solitary confinement rehabilitate a child who has commited armed robery. Have we stopped to ask ourselves "why" a young person would involve himself in said acts? Far too often, we look for a "scape dog" as if blame is a form of resolution. It takes bold, consistent, methodologial voices and actions to chip away the presence of these injustices. Mr. Bryan Stevenson is undoubtedly bold, consistent, and methodological.

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  5. This article hit on the nail what happens when you incarcerate a person who made a mistake but then condemn them for that mistake for the rest of their life. This article speaks to the broken people in our society be it from poverty or the prison system who are looking for better ways to live and not just exist. Mental health begins in the home. At times it determines the choices we make in life. I've seen children and youth act out in the classroom or in my after school program because of something that happened at home that they can't stop thinking about. DSome young people commit crimes to go to jail because they deem it safer than their current living conditions. But then they are stuck with a record and some experience abuse in jail and when they are released they aren't always getting the mental help, financial help, or second chance they need to function again in society . So then the cycle continues and they never know how to get up out this system of oppression. This speaks to why this work is so important that we do. We need advocates who can stop this cycle from even beginning. We need people who believe in the youth who are willing to put in the hours, the work and the sacrifice to show them that their is a better way to deal with personal conflicts and issues. We as advocates can show them the light at the end of the tunnel through support, empowerment, and care.
    (Korla Collins)

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  6. Raquel:

    I have never been a fan of solitary confinement. "An idle mind is the devil's playground" comes to mind whenever I think about it.
    I feel that many of these prisons relate solitary confinement to giving a child time out. The vast difference is we don't lock a child in the closet until we feel they have learned their lessons. They still have the opportunity to view the world around them. What I believe helps aid in "rehabilitation" while in time out is actually seeing what it is you are missing out on.
    The breakdowns that these inmates have while in solitary confinement is unjust. In addition to that, they don't receive any kind of help to aid them in getting better after their breakdown.
    Apalachee Correctional Institute has one of the worst solitary confinement policies ever! I don't understand why you would extend a person's time in sc when it's clear and obvious the reasons they are "acting out" is a direct result of their current situation.
    I hate the idea that adolescents are being convicted to life in prison. Study shows that teens do not have the level of maturity that most adults show for acting rational. Many teens act on emotion and not on logic. They respond more to peer pressure and less to consequences as a result of their action. With this being said, keeping them in prison for life based on something they did in their teens doesn't make any sense and I'm excited for the rulings from the Supreme Court.
    I seriously believe in rehabilitation and second chances. We can't just give up on our youth and have them lose their lives to a system that wasn't made for them.

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  7. Jessica, I completely agree. It is very true that everyone should have a second chance. Like you said, nobody is perfect and it is important to learn from our mistakes because that's how we grow as people. Nobody deserves to be written off because of their background or where they come from; that's not fair to them. Like Jasmine said, as adults, it's our job to teach children when they make mistakes. Too many adults aren't doing that and that's where the change needs to come.

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  8. “In America, we believe in redemption. We believe, in the words of Pope Francis, that ‘every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes.’ We believe that when people make mistakes, they deserve the opportunity to remake their lives. And if we can give them the hope of a better future, and a way to get back on their feet, then we will leave our children with a country that is safer, stronger and worthy of our highest ideals.”
    This statement is one of many that stood out to me. I really battle internally with the idea that when criminals have been convicted for a crime there is no way of rehabilitation for said criminal. I think that federal prisons housing almost one million black men goes to show that because Europeans brought Africans over as slaves and now assimiliated, there has been too much “power” gained on our part. It troubles me to know that prisons are being built based off of children in the third grade that are minorities. It also brings to light this wonderful and well written quote that has been presented, if America believes in “redemption”, then why is it such a bombastic ideal that criminals that are of color “deserve the opportunity to remake their lives”? I really think that if time was spent on education and being able to support people who have had a disadvantaged upbringing, there would not be a lack of educators that are men, that are of color, that know the importance of doing the right thing.

    This is something that Bryan Stevenson so eloquently put as stating that, "They’ve been broken by injustice. . . . When you’re broken you need grace. When you’re broken you need love. When you’re broken you need fellowship. When you’re broken you need understanding. When you’re broken you need vision.”

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