Determining the appropriate punishment for convicted criminals is beyond the scope of my mental abilities. What I consider morally or logically justified is often at odds with legal norms. Specifically, I can't make sense of a civilized 21st-century society continuing to practice capital punishment.
The 2019 legal drama Just Mercy tackles the inequities in the American justice system for those convicted of a capital offense. The film is based on the 2014 memoir of the same name by Bryan Stevenson, a lawyer and founder of the Equal Justice Initiative, a non-profit organization that guarantees legal defense for anyone in Alabama facing the death penalty. The narrative centers around Walter McMillan, played by Jamie Foxx, an African American man wrongly convicted of murdering a young white woman and doomed for the electric chair.
As the story unfolds, Stevenson (played by Michael B. Jordan) exposes a corrupt, racist judicial system hellbent on executing a black man for a crime he did not commit. McMillan's ordeal sheds light on the finality of capital punishment and the fallibility of the legal process. Stevenson states, "Our system has taken more away from this innocent man than it has the power to give back."
Michael B. Jordan and Jamie Foxx in Just Mercy
Just Mercy presents an anecdote to criticize the death penalty. Through the filmmaker's lens, the audience shares the brutal reality of an innocent man facing death. However, a single man's ordeal does not paint an entire picture. Thus, following the end of the narrative, the director Destin Daniel Cretton projects on the screen the statement, "for every 9 people who have been executed in the U.S., one person on death row has been proven innocent and released, a shocking rate of error." However, the more salient flaw of the death penalty may not involve the "one" falsely convicted but rest in the execution of the "9" guilty.
If the criticism of the death penalty is reserved for the innocent, the argument has its limitations. One can assert that having one innocent death row inmate exonerated for every nine executed proves that the American judicial system works, utilizing the law to save the innocent soul from death. Perhaps the more important data is the percentage of executed individuals who are not guilty, but Just Mercy does not directly address this figure.
However, the fate of the innocent should not be the only barometer in judging the validity of capital punishment. As with other nations, America should question whether it is acceptable to execute even those who are truly guilty of a capital offense. And for the most part, the world has come to an agreement.
The vast majority of developed nations have outlawed capital punishment, while the United States is one of only 18 nations to perform an execution in 2020. Furthermore, for the 12th consecutive year, the U.S. is the only country in the Americas on the list. And according to Amnesty International, 4% of global executions in 2020 took place in the U.S., while 88% occurred in Iran, Egypt, Iraq, and Saudi Arabia. (China was excluded from the calculation because their data is a state secret.) As an outlier, sharing the global stage with nations with uneasy relationships with human rights, Americans should question why we continue the tradition.
To address the fate of the guilty on death row, Just Mercy presents a parallel narrative involving Herbert Lee Richardson. While Walter McMillan's story takes center stage in Just Mercy, Richardson's ordeal is perhaps a more compelling argument against the merits of capital punishment.
Richardson, played by Rob Morgan, is a convicted murderer. Although Richardson admits his guilt, Stevenson attempts to overturn the death sentence, convinced that the crime does not warrant the punishment. As Stevenson navigates through the unyielding judicial hurdles, the audience learns that the condemned inmate is a troubled man suffering PTSD after fighting in the Vietnam War. Richardson is a flawed individual, but as the title suggests, perhaps deserving of "just mercy."
Herbert Lee Richardson (eji.org)
In the closing scene of Just Mercy, Stevenson addresses the 1993 U.S. Senate Hearing on the Death Penalty. He states that "I've learned that each of us is more than the worst thing we've done." And Just Mercy begs the audience to see Richardson outside his murder conviction. To examine his humanity and question whether "eye for an eye" is the appropriate measure of judicial justice.
Stevenson also states, "If we can look at ourselves closely, and honestly, I believe we will see that we all need justice. We all need mercy. And perhaps, we all need some measure of unmerited grace." And the words "unmerited grace" are perhaps the most memorable and powerful from the movie.
Bryan Stevenson (front row third from left) with Equal Justice Initiative (eji.org)
According to the Bible, "grace is the unmerited favor of God." It's uncertain whether Stevenson is referencing the Bible or appealing to the Christian Americans living in states where capital punishment persists. But he is not simply admiring God for showing forgiveness. Instead, he is asking Americans to give unmerited grace to those who have committed an egregious crime. Perhaps, by doing so, we will become a better society.
Just Mercy depicts racial inequity in the American judicial system that can lead to the execution of an innocent African American. The film also puts death penalty itself on trial. Although the narrative concentrates on an innocent man, the title reminds the audience of the central argument. A civilized society should practice compassion and forgiveness, even for the guilty. That's a powerful message.
Andrew’s Grade: B
