Blurred Line Between Justice and Mercy

An imaginary line exists on North America’s 49th parallel, which separates two distinct philosophies of Justice and mercy, and creates a profound difference in the lives of Americans and Canadians. Bryan Stevenson’s book, Just Mercy, shines light on the American Justice system experience, and blurs the line between Justice and mercy in the process.

An Imaginary Line Dividing Two Philosophies Of Governance

On July 4, 1776, America declared its independence from the United Kingdom, and began an experiment that would forever change the world. For the first time in history, a human civilization consented to the Constitutional Rule of Law. The preamble to America’s world-changing document states: “We the People of the United States, in Order to . . . establish Justice, insure domestic Tranquility . . . and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” A fundamental purpose of the Constitution is to establish Justice in society. Over its 240-year reign of power in America, the Constitution’s aspirational words “to establish Justice” have not been frustrated. This fact is thanks in large part to the spirited (and tireless) efforts of people like Bryan Stevenson.

In Just Mercy, Bryan tracks the story of Walter McMillan, a young man sentenced to die for a notorious murder he did not commit. Throughout the novel, Bryan poignantly illustrates the injustices that are endemic to the application of America’s Constitutional Rule of Law. At the end of the novel, when Walter passes away, Stevenson makes a keen observation, “Walter taught Stevenson that mercy is just when it is freely given and rooted in hopefulness. Mercy is most empowering, liberating, and transformative when it is directed at the undeserving.” While throughout the novel Stevenson exposes the shortcomings in America’s Justice system, he stops well short of advocating for the overthrow of the Rule of Law. He remains hopeful.

Martin Luther King Jr. once said, “Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.” Like Martin Luther King Jr., Stevenson demonstrates a respect for the Rule of Law, but advocates intensely for its merciful application.

Outcomes From A 240 Year Old Experiment In Justice And Mercy

Not all colonists believed in the great American idea. Four northern colonies remained loyal to the Crown during America’s fight for independence. These colonies would eventually form present-day Canada. For well over 200 years since America declared its independence, Canada remained under the rule of the British Monarch. The British North America Act of 1867, and the Statute of Westminster of 1931, passed by United Kingdom’s parliament and executed by the Queen provided Canada with some autonomy. However, it was not until the enactment of the Constitution Act of 1982, that Canada gained full autonomy, and ended all legislative ties to the United Kingdom.

Perhaps this historical truth explains why Canadians—unlike Americans who have passion for their independence and great reverence for the Constitutional Rule of Law—have great reverence for the Queen. Canadians generally do not share a similar passion for the law. After all, to the average citizen, the day-to-day experience seems like a distinction without a difference. Interestingly, the facts tell a striking story.

According to StatsCan, Canada’s statistical analysis agency, in 2014, there were 36,845 adults in custody on an average day. This translates into an incarceration rate of 87 offenders per 100,000 people. Meanwhile, the United States, which has the highest incarceration rate in the world, held 2,300,000 adults in custody on an average day. This translates into an incarceration rate of 707 offenders per 100,000 people. After progressing 240 years, side-by-side, Canada’s incarceration rate is about one-sixth that of the United States. If you read between the lines, Stevenson offers at least a partial explanation.

Mercy Must Be Applied To The Undeserving

America’s government was founded on the principle that it is, “of, by, and for the People.” This concept truly makes America exceptional. In effect, the Founding Fathers placed the power of administering Justice in the hands of the citizenry, rather than the hands of a monarch, a ruling class, or a dictator. People like Stevenson are vital to fulfilling the awesome responsibility to uphold the principle that all citizens are entitled to "Equal Justice Under Law" (the four words written on the mantel of the United States Supreme Court).

Unfortunately, Stevenson’s experience sheds light on numerous injustices. In one example, Stevenson describes an oral argument, which he made to the Alabama Court of Appeals regarding a death sentence case. When finished, Judge Patterson, who was sitting in a panel of five judges asked a single question, "Where are you from?" It is clear from the context that Judge Patterson was not interested in Stevenson's alienage. Judge Patterson asked a rhetorical question, making the point that the Justices on the court were closed to his arguments, regardless of the compelling nature of Stevenson’s evidence. This example, and many others in the novel, highlight that Justice in reality depends in part on theory, and in equal part on application.

Despite many setbacks, Stevenson persevered, and scored an uplifting moral victory in a monumental Supreme Court case. In Miller v. Alabama, Stevenson helped to influence overturning mandatory life sentences without parole for juveniles convicted of murder. In a similar case, the Court ruled likewise regarding non-homicide juvenile convictions, applying Stevenson’s reasoning. When you juxtapose these victories with Stevenson’s experience in the Alabama Court of Appeals, Stevenson becomes worthy of our admiration.

Blurring The Line Between Justice And Mercy

Perhaps America’s high incarceration rate reflects the citizenries’ deep-rooted passion and respect for the Rule of Law, and the intolerance for its non-compliance. As Abraham Lincoln once said, “Let every American, every lover of liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others.” While Stevenson no doubt shares Lincoln’s passion for the law, he might counter, “each of us is more than the worst thing we’ve done.” Regardless, Just Mercy poignantly demonstrates that the Founding Fathers’ dream to establish Justice through the Rule of Law remains aspirational.

Although Canada’s lower incarceration rate may reflect a more merciful society, I am not sure it reflects a more just society. Just Mercy is a compelling novel, which thoughtfully challenges the imaginary line between justice and mercy.