United States
Just MercyThe United States is more than the setting for the book’s courtrooms, prisons, and communities: it is the historical and institutional landscape through which the narrative traces the persistence of racial hierarchy in law and punishment. Cases from Alabama, Pennsylvania, and Florida show how race, poverty, gender, age, and disability could shape who was believed, who received protection, and who was condemned. The account also follows efforts to confront that history through legal work, public education, and memorials.
Historical foundations
The book locates contemporary racial injustice in the aftermath of slavery and the collapse of Reconstruction. After federal troops left Alabama in the 1870s, African Americans lost voting rights and racially restrictive laws helped restore white political power. Laws governing racial “integrity” and prohibiting interracial sex and marriage were part of that order. The fear of intimate relationships between Black men and white women, the narrative argues, helped sustain segregation and gave law enforcement a rationale for punishing Black men who had such relationships.
The relationship between Walter McMillian and Karen Kelly brings this history into an individual life. When Kelly’s husband subpoenaed McMillian to testify in a child-custody hearing, McMillian acknowledged being her friend but was spared more intrusive questioning by an objection from Kelly’s lawyer. Even so, hostility followed him from the courtroom, and his public reputation changed: the white community had known him chiefly as a hardworking pulpwood worker, but now viewed him through the racialized suspicion attached to his relationship with a white woman. The episode connects private intimacy to a much longer legal and political effort to police racial boundaries.
Courts, elections, and racial exclusion
The book describes racial inequality not only as personal hostility but as a feature of institutional design. In 1987, all forty elected district attorneys in Alabama were white, although sixteen counties had Black majorities. As African Americans exercised voting rights in the 1970s, legislators aligned counties to preserve white majorities in judicial circuits. District attorneys and judges could therefore face changing electoral pressures without the institutions themselves becoming representative.
Jury selection offers another view of how exclusion endured despite legal prohibitions. In Monroe County, a county that was 40 percent Black, prosecutors in serious felony cases could exclude Black people from jury service, and defendants often faced all-white juries. The United States Supreme Court had ruled in Strauder v. West Virginia that racial exclusion from juries was unconstitutional, but later practices—including jury rolls drawn from voter lists that excluded African Americans and discretionary peremptory strikes—continued to impede service. In the 1970s, the Court ruled that underrepresentation in jury pools was unconstitutional, while leaving open the distinction between being summoned and actually serving. The evidentiary burden for proving discriminatory peremptory strikes remained so difficult that the practice of striking nearly all Black prospective jurors persisted.
The 1986 decision in Batson v. Kentucky offered defendants a more direct way to challenge racially discriminatory strikes, while also forcing prosecutors to find more creative ways to exclude Black jurors. McMillian, awaiting trial on death row, heard other prisoners discuss the racial composition of the jury he might face. He chose to leave legal strategy to his lawyers, but the prospect of an all-white jury remained a source of concern. The narrative thus places a single defendant’s fear within a national conflict over who gets to participate in judgment.
Poverty, place, and punishment
The cases move across the United States, showing how local conditions and national criminal policies meet in people’s lives. In Chester, Pennsylvania, Trina Garnett grew up as the youngest of twelve children in a financially distressed city where nearly 46 percent of children lived below the federal poverty level. The city’s high rates of poverty, crime, and unemployment intersected with a public school system ranked worst among Pennsylvania’s 501 districts. After enduring severe abuse and losing her mother, Trina was arrested at fourteen following a house fire in which two boys died. Her lawyer failed to pursue an incompetency determination or challenge her trial as an adult; a mandatory life sentence without parole followed, although the sentencing judge found that she had not intended to kill.
Joe Sullivan’s case in Florida likewise shows a child’s circumstances disappearing behind a punitive account of his record. At thirteen, he had mental disabilities, read at a first-grade level, had experienced physical abuse and severe neglect, and had lived at ten or more addresses in three years. A juvenile probation officer described him as immature, easily influenced, and capable of becoming a productive person. Yet a judge interpreted his mostly nonviolent juvenile history as repeated failed opportunities and sentenced him to life without parole. The contrast illustrates how poverty, instability, disability, and youth could be recast as evidence of incorrigibility rather than reasons for care or a less severe punishment.
The narrative also examines the criminalization of infant mortality and pregnancy, especially for poor women. In Alabama, Marsha Colbey was arrested and charged with capital murder only weeks after delivering a stillborn son. The prosecution relied on a pathologist’s claim that the baby had been born alive, despite the absence of an adequate basis for that conclusion and contrary expert testimony about the possibility of unexplained fetal death. The book notes that all five women then on Alabama’s death row had been condemned in cases involving the unexplained deaths of young children or the deaths of abusive partners. It also recounts Victoria Banks’s case: an intellectually disabled Black woman was coerced into pleading guilty to killing a child who had never existed, and served time before her freedom was won by establishing that a tubal ligation had made pregnancy biologically impossible. These cases make visible the unequal consequences when suspicion, forensic claims, and inadequate legal assistance converge.
Racial history and mass incarceration
The book frames mass incarceration as a modern institution that cannot be understood apart from the country’s racial history. It points to the disproportionate imprisonment and sentencing of people of color, targeted drug prosecutions in poor communities, the criminalization of undocumented immigrants, barriers to re-entry, and the loss of voting rights after felony convictions. These consequences are connected rather than isolated: the account treats them as parts of a system shaped by older racial distinctions and structural poverty.
Bryan Stevenson also recalls older African Americans objecting to descriptions of domestic terrorism as a new experience after September 11, 2001. For them, the police, the Ku Klux Klan, and white people exercising unchecked power had long made terror part of ordinary life, through bombings, lynchings, and other racial violence. The book connects the racial terror of lynching to the development of the modern death penalty, describing speedy executions in part as an effort to redirect lynching’s violence while assuring white Southerners that Black men would still face the ultimate punishment.
The narrative tests these national patterns against courtroom experience. In one hearing, a deputy initially prevented Bryan Stevenson from entering a courtroom as defense counsel. Inside, a metal detector and a police officer holding an enormous German shepherd stood by the door; the seats that had held Walter McMillian’s supporters the day before were mostly occupied by older white supporters of the prosecution. Stevenson challenged the exclusion of McMillian’s family and supporters after learning that the State’s supporters had been admitted. The scene turns access to the courtroom into a concrete measure of who is allowed to witness justice and whose presence is treated as a problem.
Memory, reform, and public institutions
The book’s account of the United States ends not with a claim that the historical patterns have disappeared, but with efforts to make them harder to ignore. The Equal Justice Initiative launched a race and poverty initiative that connected criminal-justice work to education, historical research, and support for poor children and families in Black Belt counties. Its projects included a racial-history calendar, educational visits for high school students, and reports addressing slavery, lynching, and racial injustice. In April 2018, the organization opened the Legacy Museum: From Enslavement to Mass Incarceration and the National Memorial for Peace and Justice in Montgomery, Alabama. The memorial was described as the country’s first comprehensive memorial dedicated to victims of racial-terror lynching.
These projects extend the book’s central argument about place and history: the United States’ criminal-justice institutions cannot be understood apart from the racial order that preceded them, and public memory is part of confronting that inheritance. The narrative places individual cases beside national history, then turns remembrance into work—legal advocacy, historical education, and a memorial landscape intended to bring the past into public view.