Just Mercy (Adapted for Young Adults): A True Story of the Fight for Justice

Stevenson takes on the case of death row inmate Avery Jenkins, who is convicted of brutally murdering an old man. Avery’s letters to Stevenson show a long history of bipolar disorder and schizophrenia, though there are no records of this and his medical history was not cited in his trial. In his meeting with Avery, the man is friendly but singularly focused on wanting a chocolate milkshake rather than on helping Stevenson to understand his case.

Stevenson researches Avery’s background and finds his father was murdered and his mother died of a drug overdose when he was an infant. He was sent to 19 different foster homes before age eight, where he was often physically and sexually abused. He showed signs of an intellectual disability at a young age, but received no diagnosis or treatment. He developed a substance use disorder by age 13, and started having psychotic episodes. He was unhoused at 17, in and out of prison, and at 20, he broke into a man’s house and stabbed him to death during a psychotic episode. His lawyers did not bother to investigate any of this prior to trial.

While mass incarceration is “largely fueled by misguided drug policy and excessive sentencing” (162), a large percentage of the prison population also comes from imprisoning thousands of people with mental health conditions. Several reforms have changed the way psychiatric hospitals are run. While these reforms were necessary, they have led to lack of care for many people, especially poor people who cannot afford proper treatment or medication. As a result, there are now “more than three times the number of seriously mentally ill individuals in jail or prison than in hospitals” (163).

Stevenson presents evidence of Avery’s medical history to the courts, explaining that brain injury, schizophrenia, and bipolar disorder led to his violent behavior. His actions were not intentional.

During his meetings with Avery, Stevenson interacts with one prison guard. The guard is belligerent and racist, sporting Confederate flags and other racist iconography on his vehicle and as tattoos. He harasses Stevenson when he enters the prison, including subjecting him to an unlawful strip search. After Avery’s hearing, the guard, who has listened to stories about Avery’s upbringing during the hearing, is suddenly polite, even kind. The guard also grew up in abusive foster-care situations and did not realize anyone had it worse than him until he learned about Avery. He realizes he has been angry this whole time and wants to do better. Stevenson, in turn, realizes that everyone needs mitigation sometimes. The prison guard admits one last thing: He bought Avery his chocolate milkshake.

While awaiting the judge’s decision on the Rule 32 hearing, the EJI office receives their third bomb threat in two months. The bomb threats must be taken seriously, as real bombs have been sent to similar legal offices. The judge denies Stevenson's motions in the Rule 32 hearing, but Stevenson is still hopeful. He sends the case to the Alabama Court of Criminal Appeals to request the conviction be overturned. During this time, Michael leaves EJI, and a new lawyer, Bernard Harcourt, replaces him.

Despite the evidence, public opinion in Monroe County is still against Walter. Stevenson fears that even if Walter is released, the community will harass him and make his life miserable. Hoping to sway public opinion in their favor, he discusses the case on 60 Minutes, though he knows doing so could potentially backfire.

Meanwhile, Tom Chapman has doubts about the case after hearing Stevenson's new evidence. He privately reopens the case with new investigators from the Alabama Bureau of Investigation. About six months after the Rule 32 hearing is denied, the ABI investigators conclude that Walter McMillian couldn’t possibly have killed Ronda Morrison. They tell both Tom and Stevenson, as well as the state attorney general. Shortly thereafter, the Appeals Court rules that the original conviction is invalid. While they do not declare Walter innocent, they do conclude he must have a new trial.

Stevenson then files to dismiss all charges. He asks Tom to join him in the motion, or at least not to fight it. Tom agrees, making the final hearing a mere formality. Walter is exonerated and released from prison in March 1993. The other men in prison cheer him as he leaves, and as he exits the prison he lifts his arms into the air and says, “I feel like a bird” (198).

Prisons are big business as lobbying pushes for expansion, sentencing increases, and new crime categories. Between 1990 and 2005, a new prison opens every 10 days. An increase in for-profit prisons means an increased demand for prisoners, and women make up a large percentage of this mass incarceration. The number of women in prison in the US has reached record highs, “increas[ing] 646 percent between 1980 and 2010” (200). Most women are incarcerated for nonviolent crimes such as property crime. Even the women in prison for violent crime often have extenuating circumstances. Of all the women on death row in the US, most are for crimes involving allegations of child abuse or domestic violence.

Stevenson becomes involved in the case of Marsha Colbey, who is convicted of capital murder following the stillbirth of her son. She is sentenced to life without parole and sent to the Julia Tutwiler Prison for Women. Stevenson appeals her conviction, and Marsha is released from prison in December 2012, having served 10 years of wrongful imprisonment.

The EJI also investigates Tutwiler Prison itself. The women at Tutwiler are routinely harassed, exploited, abused, and raped by the male prison guards. Guards are allowed to enter the women’s showers and even watch the prisoners use the toilet. Several women are raped and become pregnant, but even when DNA testing proves which guards are responsible, they are only given temporary punishments before returning to Tutwiler to continue their abuse. The EJI eventually files a complaint with the Department of Justice, leading to media coverage and some improvements, including a new warden.