By the late 1980s and early 1990s, the politics of fear and anger sweeping the country and fueling mass incarceration was turning its attention to children.
I thought of the people who would cheer his death and see it as some kind of victory. I realized they were broken people, too, even if they would never admit it. So many of us have become afraid and angry.
Gadsden, Alabama, where jail officials claimed that a thirty-nine-year-old black man had died of natural causes after being arrested for traffic violations. His family maintained that he was beaten by police and jail officials who then denied him his asthma inhaler and medication despite his begging for it.
It’s been so strange, Bryan. More people have asked me what they can do to help me in the last fourteen hours of my life than ever asked me in the years when I was coming up.” He looked at me, and his face twisted in confusion.
I couldn’t help but ask myself, Where were these people when he really needed them? Where were all of these helpful people when Herbert was three and his mother died? Where were they when he was seven and trying to recover from physical abuse? Where were they when he was a young teen struggling with drugs and alcohol? Where were they when he returned from Vietnam traumatized and disabled?
I had a notion that if we acknowledged our brokenness, we could no longer take pride in mass incarceration, in executing people, in our deliberate indifference to the most vulnerable.
Walter made me understand why we have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent. A system that denies the poor the legal help they need, that makes wealth and status more important than culpability, must be changed... Fear and anger are a threat to justice; they can infect a community, a state, or a nation and make us blind, irrational, and dangerous.
They were legally condemned children hidden away in adult prisons, largely unknown and forgotten, preoccupied with surviving in dangerous, terrifying environments with little family support or outside help. They weren’t exceptional. There were thousands of children like them scattered throughout prisons in the United States – children who had been sentenced to life imprisonment without parole or other extreme sentences.
Not that pie in the sky stuff, not a preference for optimism over pessimism, but rather “an orientation of the spirit.” The kind of hope that creates a willingness to position oneself in a hopeless place and be a witness, that allows one to believe in a better future, even in the face of abusive power. That kind of hope makes one strong.
I got in my car, and to my delight the radio came on as soon as I turned the ignition. In just over three years of law practice I had become one of those people for whom such small events could make a big difference in my joy quotient.
Whenever things got really bad, and they were questioning the value of their lives, I would remind them that each of us is more than the worst thing we’ve ever done. I told them that if someone tells a lie, that person is not just a liar. If you take something that doesn’t belong to you, you are not just a thief. Even if you kill someone, you’re not just a killer. I told myself that evening what I had been telling my clients for years. I am more than broken.
When you experience mercy, you learn things that are hard to learn otherwise.
It was deeply affirming to meet someone whose work so powerfully animated his life.
I was trying so hard to get the project off the ground that my work had quickly become my life. I found something refreshing in the moments I spent with clients when we didn’t relate to one another as attorney and client but as friends.
Herbert sighed and looked away. “It’s been so strange, Bryan. More people have asked me what they can do to help me in the last fourteen hours of my life than ever asked me in the years when I was coming up.
I decided to talk to youth groups, churches, and community organizations about the challenges posed by the presumption of guilt assigned to the poor and people of color. I spoke at local meetings and tried to sensitize people to the need to insist on accountability from law enforcement.
It seems to me that we’ve been quick to celebrate the achievements of the civil rights movement and slow to recognize the lasting damage of marginalization and subordination done...
One in every fifteen people born in the United States in 2001 is expected to go to jail or prison; one in every three black male babies born in this century is expected to be incarcerated. To be clear, these numbers reflect who is being convicted and incarcerated, not who is necessarily committing crimes.
We’ve sent a quarter million kids, some under the age of twelve, to adult jails and prisons. For years, we’ve been the only country in the world that condemns children to life imprisonment without parole.
But our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion. We have a choice. We can embrace our humanness, which means embracing our broken natures and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity.
The signs gave a silent voice to the crowd: ‘Welcome Home, Johnny D,’ ‘God Never Fails,’ ‘Free at Last, Thank God Almighty, We Are Free at Last.