Just
Mercy

Yes. The movie is based on an actual case that is detailed in Bryan Stevenson’s book, Just Mercy, published in 2014. Bryan took on Walter McMillian’s case in 1988 to challenge his wrongful conviction and death sentence. Over the next six years, Bryan filed multiple legal challenges and conducted several hearings, but the trial court refused to grant Mr. McMillian a new trial despite overwhelming evidence of innocence, including the recantation of the State’s main witness, Ralph Myers. Bryan appealed the ruling and the Alabama Court of Criminal Appeals ordered a new trial because the State withheld evidence of Mr. McMillian’s innocence. Bryan filed a motion to dismiss all charges; the trial court granted it after the district attorney acknowledged Mr. McMillian’s innocence. While the movie condenses the six years of litigation, it mostly tracks the actual account presented in the book. Mr. McMillian’s claim of innocence attracted national attention as 60 Minutes broadcast a story about the case. The movie accurately introduces other people represented by Bryan Stevenson, including Herbert Richardson, a Vietnam War veteran who was executed in 1989, and Anthony Ray Hinton, who spent nearly 30 years on death row for a crime he did not commit.

Sadly, while the McMillian case had some unique features, there are actually lots of people who are innocent who have been sentenced to death in the United States. Because Mr. McMillian was accused of a crime that took place in Monroeville, Alabama, the community where Harper Lee grew up and wrote the beloved novel To Kill a Mockingbird, there were interesting dynamics at play in the case. While the Monroeville community loves the Mockingbird story and took great pride in its association with the fictional characters of the book, there was tremendous resistance to recognizing Mr. McMillian’s innocence despite overwhelming evidence. Walter McMillian and Ralph Myers were both placed on death row before going to trial, which is illegal and a rare form of coercion. After Mr. Myers agreed to give false testimony against Mr. McMillian, he was removed from death row. Mr. McMillian spent 15 months on death row awaiting his trial in an effort to pressure him into pleading guilty. The case was unique as well because the trial judge, Robert E. Lee Key Jr., moved the trial from Monroe County, which is over 40% Black, to Baldwin County, which had a much smaller Black population, making a nearly all-white jury more likely. Despite that change of venue, the jury that convicted Mr. McMillian of capital murder sentenced him to life imprisonment without parole. In Alabama, the trial judge has the authority to override a jury’s verdict of life and impose the death penalty, which is what happened. Judge override of life verdicts has been a unique characteristic of the death penalty in Alabama. The Walter McMillian case is also significant because it was one of the very early cases where a death row prisoner was proved innocent after being sentenced to death despite death penalty reforms in the 1970s and early 1980s.

Walter McMillian stayed in Alabama after his release. Bryan and the staff at EJI filed civil rights lawsuits against state and local officials for putting him on death row before his trial and for violating his rights. The case settled out of court after several years of litigation. Because police, prosecutors, and judges are immune from judgments that require them to make payments to people victimized by abuse of authority and wrongdoing, the settlement compensation was much less than had been hoped. An effort to make the sheriff accountable went all the way to the United States Supreme Court, but the Court ruled that the sheriff could be protected from liability based on immunity laws. With the money that was obtained for Mr. McMillian, he was able to work in Monroe County selling scrap metal. About 10 years after his release, he began showing symptoms of early onset dementia, which some doctors believed was caused by the trauma of his ordeal on death row. Mr. McMillian died in 2013.  He and Bryan remained close friends, occasionally traveling together to talk to audiences about the death penalty. They appeared at a United States Senate hearing shortly after Mr. McMillian’s release to testify about the need for ending the death penalty and for reform of the criminal justice system. Read Mr. McMillian’s statement.

Since 1973, more than 165 people have been released from death row after evidence of their innocence was uncovered. A shocking rate of error has emerged: for every nine people executed in this country, one innocent person has been exonerated. Wrongful convictions have been found to result from erroneous eyewitness identifications, false and coerced confessions, misconduct by police and prosecutors, inadequate legal defense, false or misleading forensic evidence, and perjury by witnesses who are promised lenient treatment or other incentives in exchange for their testimony. Nine people have been exonerated in Alabama. Walter McMillian, Randall Padgett, Gary Drinkard, Louis Griffin, Wesley Quick, James Cochran, Charles Bufford, Anthony Ray Hinton, and Daniel Moore were found not guilty of the crimes that originally put them on Alabama’s death row.

The book provides much more historical context for the issues raised in the movie and provides detail about our nation’s evolving embrace of mass incarceration and excessive punishment. The book discusses many more clients and cases than the McMillian case depicted in the movie. The book focuses a lot on Bryan and EJI’s work challenging the adult prosecution of children, some of whom were condemned to die in prison when they were 13 or 14 years of age. Bryan explores the evolution of mass incarceration and the impact on the poor, people of color, and people who are disfavored. The impact of over-incarceration on the mentally disabled and the growing numbers of people sentenced harshly because of mental illness is detailed. There are chapters that explore the increasing incarceration rates for women and how many women are criminalized for being poor. Bryan’s own journey dealing with racial bias, police violence, and the enormous obstacles that must be overcome to do justice are more fully developed in the book, which recently was adapted for young adults.

In addition to reading the book, Just Mercy, you should visit EJI in Montgomery, Alabama. EJI has recently opened a major cultural complex to educate the public about our nation’s history of racial injustice and the implications of that history for issues like mass incarceration and the death penalty. The Legacy Museum:  From Enslavement to Mass Incarceration opened in April 2018 along with the National Memorial for Peace and Justice, which is dedicated to thousands of African American victims of lynching. EJI’s Peace and Justice Memorial Center provides daily presentations about EJI’s work and the sites. Over 600,000 people have visited these sites. Visit eji.org to take a closer look at the work of EJI.

Yes, we have a Discussion Guide that provides background information and selected topics for discussing the Just Mercy movie with students, community groups, friends, and family. You can also download this discussion guide for students and groups who are reading the Just Mercy book.