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Reaching toward justice

2/12/2016, 7:50 p.m.
Bryan Stevenson’s inspiring and best-selling book “Just Mercy” shares some of the fruits of his lifelong fight to push our ...

Marian Wright Edelman

Bryan Stevenson’s inspiring and best-selling book “Just Mercy” shares some of the fruits of his lifelong fight to push our nation closer to true justice. In January, our nation took two more steps forward in the ongoing struggle to treat children like children and ensure a fairer justice system for all, especially for our poor and those of color.

In 2012, Mr. Stevenson won the landmark U.S. Supreme Court case Miller v. Alabama banning mandatory sentences of life in prison without parole for children 17-years-old and younger. Until then, the United States was the only country in the world that routinely condemned children convicted of crimes as young as 13 and 14 to die in prison.

After that ruling, most states that had sentenced youths to mandatory life sentences gave them the opportunity to argue for reduced sentences or apply for parole. Seven did not: Alabama, Colorado, Louisiana, Michigan, Minnesota, Montana and Pennsylvania. Three of these — Pennsylvania, Louisiana and Michigan — accounted for more than 1,100 of the 1,200 to 1,500 inmates still imprisoned for crimes committed as children.

A U.S. Supreme Court ruling Jan. 25 in Montgomery v. Louisiana made clear that the Miller decision must be applied retroactively in every state. Supreme Court Justice Anthony Kennedy wrote in the decision, “The opportunity for release will be afforded to those who demonstrate the truth of Miller’s central intuition — that children who commit even heinous crimes are capable of change.”

The same day the U.S. Supreme Court decided Montgomery v. Louisiana, President Obama announced a ban on solitary confinement in the federal prison system for all children and youths, and for adults incarcerated for “low-level infractions” in an executive action that should serve as a model for all states and local jurisdictions.

President Obama wrote that solitary confinement “has been linked to depression, alienation, withdrawal, a reduced ability to interact with others and the potential for violent behavior. Some studies indicate that it can worsen existing mental illnesses and even trigger new ones. Prisoners in solitary are more likely to commit suicide, especially juveniles and people with mental illnesses. The United States is a nation of second chances, but the experience of solitary confinement too often undercuts that second chance.

“ . . . In America, we believe in redemption. We believe, in the words of Pope Francis, that ‘every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes.’ We believe that when people make mistakes, they deserve the opportunity to remake their lives. And if we can give them the hope of a better future, and a way to get back on their feet, then we will leave our children with a country that is safer, stronger and worthy of our highest ideals.”

Reaching that vision of America – the one that believes in redemption and hope and equal justice for all — is the goal Mr. Stevenson has been striving for throughout his life. His critical victories over 30 years exonerating innocent death row prisoners and helping ensure fairer treatment for others, along with his earlier success before the U.S. Supreme Court in Roper v. Simmons that banned the execution of children have convinced him you cannot make a difference and create justice until you get close to the people who are struggling.

He has said, “All of my clients are broken. They’ve been broken by poverty. They’ve been broken by racism. They’ve been broken by inequality. They’ve been broken by injustice … When you’re broken, you need grace. When you’re broken, you need love. When you’re broken, you need fellowship. When you’re broken, you need understanding. When you’re broken, you need vision.”

Mr. Stevenson is unwavering in that vision and in lifting his voice of great moral clarity at the forefront of the struggle. Every new hard-earned and overdue victory should remind us all that we must keep moving towards greater justice for all.

The writer is president of the Children’s Defense Fund.