Mass Incarceration
Stevenson returns to the theme of mass incarceration—i.e. locking Americans in prison at historically unheard-of rates—throughout the memoir. He details the dramatic rise in the number of people imprisoned since he began his legal career in the early 1980s. He also explores how many people are imprisoned for nonviolent offenses, as well as children serving adult life sentences. Impoverished people and people of color are over-represented in prisons, and this imprisonment is profitable to the companies that build, own, and maintain prisons. Stevenson traces a historical line from this practice back to chattel slavery in the U.S. In part due to the Equal Justice Initiative's social justice work, by 2014, mass incarceration rates had stabilized.
Racial Injustice
Racial injustice is a prevalent theme in the majority of cases Stevenson focuses on in the memoir, and is particularly relevant in Walter's wrongful conviction. Racial injustice arises in ways overt and nuanced: Walter's wrongful conviction stems from the fact that he is black and the murder victim is white; Stevenson is harassed and presumed guilty by white police; Walter's hearing is moved by a white judge to county likely to have white jurors; Walter's supporters are excluded from the courtroom through police intimidation at his hearing. These incidents showcase how the majority-white judicial system in the Deep South treats black people by a different standard.
Inhumane Prison Conditions
Stevenson returns to the theme of inhumane prison conditions to shed light on the needlessly torturous practices that demand serious reform. Stevenson details how prisoners on death row are confined to box-like cells and traumatized by the smell of flesh burning in the electric chair. Stevenson touches on the prevalence of sexual violence in prisons when he learns that Charlie, a young boy sentenced to adult prison, is being gang-raped by adult inmates. Stevenson also describes how it is too common for male guards to rape female prisoners, some of whom become pregnant and are made to deliver their babies while handcuffed.
Mistreatment of Vulnerable People
Much of Stevenson's work and wisdom has to do with challenging the way the judicial system mistreats vulnerable people: the poor, the disabled, the abused. He recognizes that changes to the judicial system rely on popular support for reform. Early in the memoir, Stevenson states that the true measure of our character is how we treat the poor, the accused, the incarcerated, and the condemned. Stevenson says we are all implicated when we allow other people to be mistreated.
Trauma and PTSD
Trauma and post-traumatic stress disorder pervade the cases Stevenson discusses. The injustice his clients experience has lasting effects on the condemned people and their families. Specific examples of the lasting effects of trauma include Mrs. Williams' negative reaction to the police dog brought into the courtroom during Walter's hearing, and how, after being released and living in a nursing home, Walter continually fears that he has been put back on death row.
Imprisonment of Children Tried as Adults
As one of the EJI's main focuses, the charging and sentencing of children as adults arises several times throughout the memoir. Stevenson comments that the fear and anger in the 1980s and early 1990s that fueled mass incarceration led to black and brown children being labeled as “superpredators” by criminologists. New laws led to harsher sentencing for juvenile offenders, but by 2000 the juvenile population had increased while juvenile crime rates decreased, thereby disproving the superpredator theory. Stevenson details how constitutional challenges he brings to the Supreme Court lead to the mitigation of sentences for children serving adult sentences.
Hope and Resilience
Throughout Just Mercy, Stevenson returns to the hope and resilience he and his clients need to challenge a fundamentally skewed and despair-inducing judicial system. Though he and the EJI face numerous setbacks to their legal efforts, Stevenson uses adversity as motivation to continue to fight for a more just society. Often it is the gratitude and good nature of his clients and their families that inspires him to continue with his work.
