William W. Berry III (University of Mississippi School of Law) has posted Implementing Just Mercy (Texas Law Review, Forthcoming) on SSRN. Here is the abstract:This book review essay explores the connection between Bryan Stevenson’s recent book, “Just Mercy: A Story of Justice and Redemption”, and the development of concepts of individualized sentencing under the Sixth and Eighth amendments by the Supreme Court.
In light of these steps toward individualizing sentencing, this book review essay imagines a serious application of the principles of just mercy that Stevenson has championed in his legal career to the criminal justice system. Specifically, this essay argues that individualized consideration of criminal offenders throughout the criminal justice process — from policing to sentencing — is necessary to achieve the compatible (not competing) goals of justice and mercy.
The essay proceeds in three parts. Part One describes Stevenson’s book, highlighting the principles of just mercy latent in his narrative and their connection to the individualized consideration of criminal offenders. In Part Two, the essay shifts to argue that many of the current shortcomings of the criminal justice system result directly from stigmatizing alleged offenders rather than considering them individually as people possessing human dignity. Finally, in Part Three, the essay outlines a series of criminal justice reforms drawn from Stevenson’s experiences and the concepts of individualized consideration that emerge from pursuing just mercy.