Just Mercy Study Guide

Who is Dorothea Dix and why is she important to this chapter?

he tried to help campaign to get the mentally ill out of prison so they can receive the treatment that they deserve.

What are the 4 insitutions in American history that have shaped our approach to race and justice? Do you agree?

1. Slavery 2. Racial Terrorism 3. Jim Crow laws 4. Mass incarceration

What does "mitigation" mean in the legal context?

Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered.

Alabama's capital statute requires that murder be intentional in order for a defendant to be eligible for the death penalty. Why is this relevant in Duncan's case?

This is relevant in Herbert's case because he had no intent to kill the child. Herbert argued that this was reckless murder, not capital murder. Which could be life in prison but not the death penalty.

What does Stevenson note about the statistics of veterans in prison?

Thousands of combat veterans end up in jail or prison after completing their military service. Nearly 20 percent of the people in jails and prisons served in the military.

Why does Myers have a change of heart? What new information does he want to offer, and why does Stevenson not trust him?

Myers has been in a group therapy class and they have to be really honest. All of the people in the group have been talking about all the bad stuff they have done. He decide to top everyone else and tell him what he did. He told us he was pressured by the sheriff and the ABI and threatened with the death penalty if he didn't testify. Stevenson doesn't trust him because he has been a good liar before and doesn't know if he is lying now.

What role does the 60 Minutes episode on Walter have on the reinvestigation of the case?

60 Minutes covers the McMillian trial and does not portray the county and the prosecution in a very well. Awareness of the dubiousness of the case convinces the Monroe County district attorney Chapman to bring in Alabama Bureau of Investigation to reinvestigate the case.

In what ways are female inmates more at risk than male inmates?

At risk for sexual abuse by prison guards

How did Stevenson's background prepare him for law school?

Because he came from a white family who was rich and allowed him to go to law school.

Why is Charlie in jail in the first place?

Charlie is in jail because he killed his mom's boyfriend. He did this because the boyfriend, George, hit Charlie's mother across the head and she fell. She was bleeding excessively.

Who were some of Walter McMillian's most important allies? What evidence was there in support of McMillian's innocence?

His most important allies were the police officer, his sister; Evelyn Smith, black church pastors and his friend Jimmy Hunter. He was at home frying fish and fixing his car.

Did Walter finally achieve justice?

He is released from jail but he has suffered for many years and his life will never be the same.

What does he say makes mercy just and powerful?

He says Mercy is most empowering, liberating, and transformative when it is directed at the undeserving.

In what ways has the system failed to protect Charlie, both before and after his incarceration?

He was at first tried as an adult because it was capital punishment. He wasn't put into a juvenile detention center because he was considered an adult for this case.

Duncan Richardson was a U.S. war veteran who suffered tremendous mental trauma while serving our nation. How should that be factored into his defense? Why didn't it factor in at the time?

His court appointed attorney did not bring it up at the trial.

Vaclav Havel says people in difficult situations need what one thing? How did having this help Walter and his family?

Hope or Hopefulness

In your opinion, who or what is to blame for Walter's conviction? (Hint: it may be more than one person/force/reality). Who or what is most to blame?

I think it Ralph Myers, and the furniture man, and the officer Tate because they were all against him and lied even though they knew what happened. The most to blame is the judge because he change the venue to 91 percent white population county so that it would be hard trying to convince an all-white jury

Why does it annoy Stevenson that To Kill a Mockingbird is a point of pride in Monroeville?

It annoys Stevenson because it is a fictional story and he knows that will never happen in real life, because people are unfair and racist.

What is the origin of this chapter's name "Of the Coming of John"?

It comes from the brilliant but haunting short story written by W.E.B Du Bois.

What effect did the events of Sept 11 have on the fight to appeal the death penalty?

It made it harder to appeal the death penalty.

What other issues within the law enforcement infrastructure and society in general do the three episodes with the police reveal?

It reveals that the police are not doing a great job of making sure that everyone is safe and not doing having a close relationship with the community. For the society it reveals that now one trusts anybody with anything

Discuss the ways in which the system failed Jimmy Dill.

Jimmy was intellectually disabled and should not have been put to death according to the Supreme Court. If he had not been poor, he could have afforded a lawyer to help him not be on death row.

What does Stevenson say about the difference between our treatment (both as individuals and as reflected in the legal system) of those suffering from physical versus mental disabilities?

Our treatment gives us a complete examination of ourselves. But with treatment of those suffering with mental disabilities they don't get the right treatment and they are not treated with respect.

How does the race of the victim come into decisions about sentencing? What does McKlesky vs. Kemp reveal?

The case of McCleskey v. Kemp revealed that evidence that the race of the victim is the greatest predictor of who gets the death penalty in the United States. If the victim is white, the death penalty is given more often.

What does Stevenson report and reveal about the lives of the prison staff and how they treated Duncan Richardson?

They wanted everything to run according to the plan and make sure that there was no mistakes. On the day of execution all the officers were nervous or looked sad. Herbert said all day that the officers have been asking him, "What can I do to help?" What would you like for breakfast, lunch, and dinner?" He said it was strange. He told Bryan that people asked him what he needs help with in the last couple hours than the days and months before the day execution.

What evidence do Stevenson and O'Connor discover as they prepare the appeal of the appeal? Be able to list at least five discoveries.

Proof that an eyewitness, Bill Hooks, was paid by the sheriff for his testimony. Hooks' travel expenses for appearing at Walter's trial were paid by the sheriff, but this was never disclosed. Hooks was released from the Monroe County jail immediately after making his statement condemning Walter. Ralph Myers' claim of knowing Walter before the murder was proven false. The fish fry Walter attended while the murder was committed was now confirmed. Walter's truck was converted to a low-rider months after the murder despite Hooks testifying that he saw Walter's low-rider parked at the scene of the crime. Perhaps the most significant piece of new evidence: Ralph Myers, the State's main eyewitness, recanted his testimony to Stevenson and O'Connor.

How would you characterize Stevenson's mood at the end of this chapter?

Stevenson's mood is angry and annoyed but also scared and nervous because he doesn't know whats going to happen to Mr. McMillian and he is angry because he didn't get his appeal approved and that his other client, Mr. Houston was illegally arrested for something he didn't do.

What is the meaning of stonecatcher? Can you think of anyone that fits that description?

Someone who does not throw stones but instead listens and helps people. Bryan Stevenson, Christ

What special circumstances of the murder victim lead to greater struggles for Charlie? Does this seem fair?

The special circumstances of the victim was that he was a local police officer. The county said it was a great lost because such a great man died at the hands of juvenile teen. This seems unfair because Charlie didn't know that George was a local cop. Know that George was murdered everybody is going to hate Charlie.

What is the eighth amendment to the US Constitution? How does Stevenson plan to use the eighth amendment in defending Joe Sullivan?

The Eight Amendment is prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. Stevenson plans on using for cruel and unusual punishment for Joe because he did not commit the crime that put into prison for life.

In what ways did the Alabama government contribute to the economic difficulties of the state's African American population?

The State of Alabama agreed to help white landowners in the region to transition to timber farming and forest products because small cotton farming was becoming increasingly less profitable. This resulted in loss of jobs for African Americans and poverty.

How many other countries in the world sentence minors to life in prison?

The United States is the only country in the world that sentence minors to life in prison.

Describe the 1982 Supreme Court ruling related to death penalty appeals. What impact did that have across the country?

The attorney general's office began forcefully seeking executions of condemned prisoners. By the end of 1989, the number of people executed in Alabama doubled.

Who was the most guilty of wrongdoing in Martha's case?

The medical examiner who said the baby was born alive. It was not.

Why are the rates for imprisonment of men different from imprisonment of women?

The rate for women dramatically increased from 1980 to 2000. Most women are poor.

Why was the trial moved?

The trial was moved to Baldwin County because it had an African American population of just 9 percent.

Stevenson focuses on two subsets of children serving life sentences—which two, and why do you think he chose them?

The two subsets that Stevenson focuses are poor white people and poor black people. I think he chose these two subsets because he wants to show the relationship between the two and how each of them are treated.

How is the relationship between Stevenson and Walter changing? What does the author cite as an important activity for lawyers to do when defending death row prisoners? Why?

They are becoming closer and they have a good friendship. Since Stevenson visits every other week, they talk about normal things in life and try to not talk about the case. He cites that it is important to talk about current events and not the case.

Once sentenced to life as minors, how do each of three also endure abuse (or the risk thereof) within the prison system?

They endure abuse because they are young and they can't do anything about it. They can't fight for themselves, they have to go with the flow.

Be able to detail what happened to Walter McMillian that landed him on death row before his conviction. How and why did this happen?

Walter McMillian was arrested on pretextual charges for a crime that he did not commit. He was alleged on Ralph Myer's allegations. Myer's was afraid of McMillian, so one of the officers told him to say that he was sexually assaulted. In Alabama, nonprocreative sex was illegal and McMillian was arrested on sodomy charges.

To whom does the title "Broken" refer?

Walter as his health and mental state decline. He has "lost" his life.

What happens to Walter? How is Walter judged at the nursing facility?

Walter is very troubled and starts drinking too much. He is diagnosed with dementia and his health starts to decline. He is judged as being a felon in the nursing home and treated badly.

Should wrongfully imprisoned people receive financial restitution from the state? If so, how should the amount be determined? How would Stevenson answer that question?

Wrongfully imprisoned people should be given financial restitution because they did nothing wrong. They were put into prison or on death row for not committing a crime. The should receive money because of all the trouble they went to while on death row in the courtroom and how they were treated during the trial. The amount should be determined by either the judge or jury that was on the case.

Do you think the verdict would have been different if the accused was the father of the infant? What if Marsha was wealthy?

Yes, people wanted to punish the mother and being poor did not give her much symphathy.

What happened with Avery Jenkins? What evidence did doctors present at his trial, and how was this evidence treated the first time? How did Stevenson help him?

Avery Jenkins had a mental illness which includes having seizures and psychiatric moments where he would wake up in the middle of the night and run outside naked because he thought he was being chased by wasps. The doctors presented that he was crazy and really had a mental illness. At first nobody believed him.

Who is Joe Sullivan, and what happened to him?

Joe Sullivan was a thirteen year old boy who committed robbery but that same day a raping occurred at the same house but Joe was wrongly accused of the raping and was sentenced to life in prison without parole.

Why does Stevenson spend so long telling McMillian's story? What effect does it have on him?

Stevenson spends so long detailing us on his case because he wants to give us a full understanding of what really happened and all the facts that proved that Mr. McMillian was not guilty. He has to keep proving he isn't guilty. He has to keep promise that he isn't going to die on death row.

What are the backgrounds, cases, and sentences for Trina, Ian, and Antonio?

They were all abused, poor, and then became homeless. They all are sentenced under the age of 16. Their cases went poor because they were so young.

Why does Stevenson want to encourage news stories about Walter being released as a free man?

Stevenson wants to encourage stories about Walter because he wants to get Walter recognized as a free man that was put into prison and on death row for being innocent.

Describe Stevenson's own interaction with the police in Atlanta and how that affects him (personally and professionally).

Stevenson was confused and startled because he did not know what he did wrong, He was assuring himself and staying calm by repeating it is okay. It affected him personally because some of neighbors thought that he was a burglar and that is what the SWAT team thought as well. Professionally he decided to take this as a case and bring to the police department and ask for an apology from the chief and its officers.

What famous novel was written in Monroe County, AL, and how is it relevant to Just Mercy?

To Kill a Mockingbird, it is relevant to Just Mercy because they are both about an innocent black man who is defended by a white lawyer

What is the importance of the 1986 Batson v. Kentucky ruling?

The importance of the case was that prosecutors could be challenged more directly about using peremptory strikes; it gave hope to black defendants.