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Bryan StevensonA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
Mass incarceration is called many things, including mass imprisonment, the carceral state, the penal state, and hyper-incarceration. All these terms refer to essentially the same concept. The Institute for the End of Mass Incarceration defines it as the “network of policing, prosecution, incarceration, surveillance, debt, and social control that is rooted in, builds upon, and reproduces economic and racial inequality and oppression” (“What is Mass Incarceration?” Institute to End Mass Incarceration, 2023). Mass incarceration is a distinctly American phenomenon, which is defined by “historically extreme rates of imprisonment and by the concentration of imprisonment of young, African American men” coming largely from areas of poverty, disenfranchisement, and other disadvantages (“Mass Incarceration.” Oxford Bibliographies, 2018). Bryan Stevenson calls it the fourth institution of American history that has “shaped our approach to race and justice” (245).
The terms “capital punishment” and “death penalty” are often used interchangeably. Both terms refer to a sentence applied in a court of law upon conviction of certain crimes, which imposes a punishment of death by the state. A sentence of capital punishment does not, however, always lead to death/execution, as some sentences are reduced, commuted, or overturned. Prisoners awaiting execution are imprisoned in what is generally referred to as “death row.” The death penalty has been widely criticized as inhumane and unjust (Hood, Roger. “Capital Punishment.” Britannica, 2023).
The sentence of “life in prison without chance of parole” means that a convicted prisoner will spend the rest of their natural life in prison without any opportunities for early release due to good behavior or extenuating circumstances. This punishment is usually reserved for serious and/or violent offenses, and is often an alternative to capital punishment. Until 2012, some child offenders as young as 13 years old had been condemned to life without parole. The 2012 Supreme Court ruling declared that such sentences of children under the age of 17 was unconstitutional (243-44).
Solitary confinement is a form of imprisonment in which the prisoner is kept isolated from all other inmates, usually in a small cell by themselves for extended periods of time. Though it is usually reserved as a form of punishment, it is sometimes used as a form of protection for prisoners in danger of violence from other inmates. Several studies have determined that “prisoners held in solitary confinement face higher risks of suicide, depression, anxiety, and psychosis” than others, and the practice has been criticized as inhumane by many experts (Frommer, Fred. “Solitary Confinement.” Britannica, 2023).
Striking is a legal practice during the jury selection process that allows lawyers to reject jurors without explaining why. This effectively allows lawyers to reject all or most Black jurors and maintain all-white juries for trials despite the Supreme Court ruling in Strauder v. West Virginia that excluding Black people from juries was unconstitutional.
The phrase “cruel and unusual punishment” is derived from the Eighth Amendment of the US Constitution, which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The Constitution declines to explain what counts as either “cruel” or “unusual,” and traditionally leaves interpretation up to the various courts (county, state, and federal levels). The basic understanding is that the punishment should be proportional to the crime.
Mitigation is the act or process of making something less severe, painful, harsh, or damaging (“Mitigation.” Merriam-Webster Dictionary). In legal terms this can mean reducing a sentence or placing a prisoner in a less harsh environment. It can also refer to lessening physical and emotional pain and suffering. In Just Mercy, mitigation is as much about compassion and empathy as it is about legality.
“Just mercy” is Bryan Stevenson’s construction, combining justice and mercy into one philosophy, one action. He argues that “mercy is just when it is rooted in hopefulness and freely given. Mercy is most empowering, liberating, and transformative when it is directed at the undeserving” (260). Conversely, as mercy can be just, the book implies that the opposite is also true: Justice is only truly just when it is compassionate, empathetic, and merciful, even to those who haven’t “earned” it.