The Broken Promises of the Justice System

By Katy / Winter 2020

Walter McMillian and Ralph Myers had never met before despite that they were jointly indicted in 1987 for the murder of Ronda Morrison in Monroeville, Alabama. When the police first interrogated Myers for the unassociated homicide of Vickie Pittman in another Alabama county, they came face-to-face with a man with both physical and psychological complications. He lived in destitution, built a lengthy criminal record, and formed a relationship with Karen Kelly based on mutual drug addiction. Myers initially denied association with the Pittman crime. However, the murder of Morrison stole the attention of the public and Myers took advantage of the situation to deflect from his own. He claimed that he was coerced into killing both women by Kelly’s former boyfriend Walter McMillian who was at a church fish fry at the time and nowhere near the crime scene. Myers, a white man known for his intellectual instability and criminal history, was given a 30-year prison sentence while McMillian, a black pulpwood worker with no prior felony convictions, was sentenced to death. Although they were supposedly involved in the same crime, McMillian was given a disproportionate sentence compared to Myers.

Nearly 30 years later, another case occurred that highlighted an unjust sentencing like McMillian’s. For the attempted rape of Chanel Miller and three formal charges of felony sexual assault in 2016, Brock Turner was sentenced to six months of jail and three years of probation, far less than the maximum of 14 years. The court’s leniency was due to considerations towards Turner’s intoxication, lack of prior significant offenses, and the repercussions of the case on his athletic and educational career at Stanford University. Unlike McMillian who was framed, Turner received a light sentence despite that he was the legitimate perpetrator. Chanel Miller assailed the court’s decision, asking: “If a first-time offender from an underprivileged background was accused of three felonies… what would his sentence be? The fact that Brock was an athlete at a private university should… [have been] an opportunity to send a message that sexual assault is against the law regardless of social class” (Stack). As Miller pointed out, Turner was able to escape a harsh sentence due to his status, a privilege that many individuals, particularly minorities, are unable to acquire.

When looking at the two different cases, it is apparent that for people like McMillian, their backgrounds and stories did not matter in the eyes of the justice system. McMillian was harshly punished compared to Myers even though they were indicted for the same crime. As for McMillian and Turner, both had no prior significant criminal offenses but received starkly contrasting sentences. The United States justice system states that all men are equal in the eyes of the law, but the reality is that people are discriminated against based on factors like race, gender, religion, and class. Because of this, some people will never procure the truth that rightfully belongs to them and, eventually, will disappear amongst a multitude of stories like their own.

Before discussing possible solutions to the courts’ injustices, it is important to learn how deeply rooted racial and class inequity ties are within United States history. Starting from the country’s formation, racism is a ubiquitous reality, regardless of era. Native Americans were displaced when their lands were seized by English settlers, black people were made into tools of labor through bondage, Mexicans were pressured into relinquishing territory through battle and political pressure, and religious and ethnic minorities who immigrated faced poor working and living conditions from the effects of bigotry. As asserted in “Racial Formation” by Michael Omi and Howard Winant, the U.S. oversaw the erasure of non-whites in the political sphere for centuries to create a system akin to a racial dictatorship which has had consequences such as the definition of “‘American’ identity as white, as the negation of racialized ‘otherness’” which “became the archetype of hegemonic rule in the U.S.” (Omi and Winant 35). The categorization of “otherness” created expectations of social differences amongst skin color and, thus, racial biases infiltrated how people treated one another. Racialization is propagated throughout all spheres, be it political, economic, medical, judicial, or academic. For white Americans, nonwhites were inferior based on inherent traits and did not deserve to be given access to their resources and opportunities. Minorities are therefore entrenched in a lower standard of living. Wealth became an indicator of work ethic and for many, this proved the character of people of color—they were viewed as uneducated, prone to misdemeanors, and those who lacked drive and responsibility.

The relationship between racial and class discrimination can be further understood by discussing the pervasion of neoliberalism in American society. Neoliberalization experienced its first breath after the Second World War to revitalize economic stability and domestic peace which were endangered in the 1930s and 1940s. Neoliberalism attempted to contain the perfect proportions of centralized state power, market values, and democratic ideals. However, the government prioritized economic growth over public welfare, leading to the privatization, deregulation, and commodification of various institutions. Resultantly, power was consolidated among the market elite and democratic values were realized as unprofitable. Class divisions strengthened and communal ties weakened. People were forced to prioritize themselves over their community. In A Brief History of Neoliberalism by David Harvey, he noted that “Individual success or failure are interpreted in terms of entrepreneurial virtues or personal failings… rather than being attributed to any systemic property” (Harvey 65-66). Social problems are judged on an individual basis without regard to historical roots that led to their initial proliferation. One of the outcomes of this mindset is the approach of color-blindness, the erasure of racial significance, which “[reduces] race to ethnicity, and almost entirely neglected the continuing organization of… inequality and oppression along racial lines” (Omi and Winant 38). The refusal to acknowledge historical context has led to an attempt to put socioeconomic burden on individuals and discriminated groups, the unconscious expansion of racial biases in everyday life, and the perpetuation of a false sense of equity. Similarly, the U.S. judicial system has routinely failed to consider the systemic inequality faced by poor people and minorities. Bryan Stevenson, the attorney of McMillian that spread his story in the novel Just Mercy, uncovered that “juries were comprised of mostly whites because of statutory requirements that jurors be ‘intelligent and upright’” to exclude minorities and women (Stevenson 59). In McCleskey v. Kemp, empirical evidence was found that the victim’s race is the greatest predictor of who the death penalty is imposed on, which was reflected in how racial and class preconceptions influenced the sentencings of McMillian and Turner. As a result of accumulated discriminatory practices, 1 in every 3 black male babies born in this century are expected to be incarcerated even though 1 in 15 people born in the U.S are expected to go to jail (Stevenson 15). To reiterate, although the U.S. legal system is set up on the pretense of equality, poor people and minorities commonly do not receive the same treatment that others do. It is difficult to find solutions because of the effects of neoliberalism as well as the unconscious expectations that society has formed for minorities and economically disadvantaged groups.

Nonetheless, the continued efforts made by those within and outside of the judicial system has led to change over time and will continue to do so. Racism and neoliberalism enabled an individualistic culture augmented with feelings of futility. Realizing the prevailing issues introduces a plethora of solutions people may undertake to improve the justice system. But it is important to understand why, that even with knowledge about the historical and systemic roots of discrimination, many people find it difficult to act. Political activist and author George Monbiot, in the novel Out of the Wreckage, provided a possible explanation that people “may hold information in the form of data and figures, but their beliefs about it are held entirely in the form of stories” (Monbiot 2). Powerful stories that express empathy, acknowledgment of disparities, and a willingness to learn can compel people to surmount these manmade divisions. Monbiot asserted that “Whether the systems that emerge… are better or worse than the current dispensation depends on our ability to tell a new story, a story that learns from the past, places us in the present and guides the future” (Monbiot 1). Society’s select narrators need to appeal with facts but must also speak with compassion and a desire to move people. As more stories about injustices emerge and as news on continued activism spreads, an increasing number of people will realize that they, too, can be part of the solution.

Those working within the justice system play a vital role in diminishing the direct effects of discrimination. Defendants and victims encounter numerous levels of the judicial process, including pretrial, prosecution, defense, and the judiciary, each of which require the same cognizance of race and economic inequity to create a truly fair system. Both a change in mindset and an actual reworking of legal conduct is needed. First, learning and spreading awareness on how minorities are discriminated against in the justice system as well as the history of class formation is fundamental in recognizing the occurrence and persistence of injustice. Second, the commitment to transparency can foster trust within affected communities. The Sentencing Project, a national nonprofit organization dedicated to research on criminal justice issues, suggested in the manual “Racial Disparity in the Criminal Justice System” that courts “create meaningful liaisons” with representatives in order to formulate methods to address community concern, expand knowledge of local programs for sentencing alternatives, and to publicly report legal proceedings. For example, prosecutors may report on race data about bail and release requests, charging, and plea bargaining. In turn, the community can gain a better understanding of how the prosecution and court operate (Schrantz and McElroy 37). Third, further funding for legal resources or a decreased emphasis on individual financial-based programs should be instated. Economic imbalance has contributed to the disparate treatment of minorities because individuals may not be able to afford services such as bail or competent attorneys. Funding limitations for public defenders or court-appointed attorneys often cause many jurisdictions to delay the appointment of counsel which affects critical adjudication decisions (Schrantz and McElroy 40). In some courts, the defense counsel may be unable to advocate for alternatives to incarceration if there are no community-based alternative sanctions or local associations, which is more common in low-income areas. To add on as a fourth suggestion, sentencing options should be expanded, prioritizing rehabilitation rather than punishment, particularly for those who committed petty crimes since minorities are disproportionately convicted of such offenses. The American Civil Liberties Union advised on strengthening cost-effective alternatives to incarceration such as streamlining parole and probation systems “so that those who genuinely pose public safety risks are adequately monitored,” ensuring that those who are minimal threats are not unnecessarily sent to prisons; likewise, treatment programs that provide education and job training allow people to productively re-enter society (“Solutions”). The system can then act towards the welfare of all rather than a select few.

Moreover, rectifying the justice system includes participation not only from those working within it but also from all members of society. Racial and class discrimination exists in nearly every facet of life, and courts and legal practitioners cannot solely combat socioeconomic hierarchies that affect everyone. In the article “One for All” which discussed solutions to global catastrophe, Leah Hunt-Hendrix and Astra Taylor introduced the concept of solidarity, a collective identity in which people bridge their differences in a concerted effort to better their circumstances (Hunt-Hendrix and Taylor). Solidarity, requiring the participation of all individuals, is an action to push for change rather than a belief. Therefore, the fifth and last recommended solution is the propagation of public advocacy which requires the contribution from as many people as possible. Policymakers and academics have “a duty to challenge themselves to lead a national conversation on the role of race in crime and punishment” (Schrantz and McElroy 62). Communities can support the requirement of systemic evaluations of the justice system. Advocates can push for laws that promise equal treatment in legal practices. People can vote or run for government positions that are dedicated to judicial reform as well. Minorities, particularly, can become involved by pursuing careers in legal and judicial fields which will increase representation. Furthermore, anyone can spread awareness on the issue at either a national or local scale. Joining social organizations, starting campaigns, creating artwork, and educating family and peers are all additional examples that people may accomplish.

Society’s involvement in seeking justice has shone light on many cases and induced change within the system. Through the power of the people, the Alabama Court of Criminal Appeals reversed all convictions and dismissed all charges for Walter McMillian after 6 years of being put onto death row for a nonexistent crime. The decision could only happen because of the support McMillian received from his attorney and the public after the case was highlighted on national TV. Although the court failed to give Brock Turner a fair sentence, California enacted 2 new laws that broadened the definition of rape and established a mandatory minimum 3-year prison sentence for the sexual assault of someone unconscious or intoxicated due to people’s rebuke of Turner’s racial and class privileges. Many injustices found their resolutions through moving narratives such as these. The inequalities birthed alongside the country can only be overcome by acknowledgment and compassion which resultantly propel communities into action. By spreading awareness, encouraging transparency, reorganizing funds and resources, expanding sentencing alternatives, and unifying community efforts, both legal practitioners and everyday people can work in solidarity and push for reform. The United States justice system will therefore be able to better uphold the declaration that everyone is equal before the law, just as it has always promised to.

Works Cited

Harvey, David. A Brief History of Neoliberalism. Oxford University Press, 2005.

Hunt-Hendrix, Leah, and Astra Taylor. “One for All.” The New Republic, The New Republic, 26 Aug. 2019.

Omi, Michael, and Howard Winant. Racial Formation in the United States. 2nd ed., Routledge, 1994.

Schrantz, Dennis, and Jerry McElroy. “Reducing Racial Disparity in the Criminal Justice System.” The Sentencing Project, The Sentencing Project, 2000.

“Solutions.” ACLU, American Civil Liberties Union, 2020.

Stack, Liam. “Light Sentence for Brock Turner in Stanford Rape Case Draws Outrage.” The New York Times, The New York Times, 6 June 2016.

Stevenson, Bryan. Just Mercy. Spiegel & Grau, 2015.

“A Story of Our Times.” Out of the Wreckage, by George Monbiot, Verso Books, 2018, pp. 1–28.