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Love is the motive, but justice is the instrument.
Contents
Introduction
Higher Ground
I wasnt prepared to meet a condemned man. In 1983, I was a twenty-three-year-old student at Harvard Law School working in Georgia on an internship, eager and inexperienced and worried that I was in over my head. I had never seen the inside of a maximum-security prisonand had certainly never been to death row. When I learned that I would be visiting this prisoner alone, with no lawyer accompanying me, I tried not to let my panic show.
Georgias death row is in a prison outside of Jackson, a remote town in a rural part of the state. I drove there by myself, heading south on I-75 from Atlanta, my heart pounding harder the closer I got. I didnt really know anything about capital punishment and hadnt even taken a class in criminal procedure yet. I didnt have a basic grasp of the complex appeals process that shaped death penalty litigation, a process that would in time become as familiar to me as the back of my hand. When I signed up for this internship, I hadnt given much thought to the fact that I would actually be meeting condemned prisoners. To be honest, I didnt even know if I wanted to be a lawyer. As the miles ticked by on those rural roads, the more convinced I became that this man was going to be very disappointed to see me.
I studied philosophy in college and didnt realize until my senior year that no one would pay me to philosophize when I graduated. My frantic search for a post-graduation plan led me to law school mostly because other graduate programs required you to know something about your field of study to enroll; law schools, it seemed, didnt require you to know anything. At Harvard, I could study law while pursuing a graduate degree in public policy at the Kennedy School of Government, which appealed to me. I was uncertain about what I wanted to do with my life, but I knew it would have something to do with the lives of the poor, Americas history of racial inequality, and the struggle to be equitable and fair with one another. It would have something to do with the things Id already seen in life so far and wondered about, but I couldnt really put it together in a way that made a career path clear.
Not long after I started classes at Harvard I began to worry Id made the wrong choice. Coming from a small college in Pennsylvania, I felt very fortunate to have been admitted, but by the end of my first year Id grown disillusioned. At the time, Harvard Law School was a pretty intimidating place, especially for a twenty-one-year-old. Many of the professors used the Socratic methoddirect, repetitive, and adversarial questioningwhich had the incidental effect of humiliating unprepared students. The courses seemed esoteric and disconnected from the race and poverty issues that had motivated me to consider the law in the first place.
Many of the students already had advanced degrees or had worked as paralegals with prestigious law firms. I had none of those credentials. I felt vastly less experienced and worldly than my fellow students. When law firms showed up on campus and began interviewing students a month after classes started, my classmates put on expensive suits and signed up so that they could receive fly-outs to New York, Los Angeles, San Francisco, or Washington, D.C. It was a complete mystery to me what exactly we were all busily preparing ourselves to do. I had never even met a lawyer before starting law school.
I spent the summer after my first year in law school working with a juvenile justice project in Philadelphia and taking advanced calculus courses at night to prepare for my next year at the Kennedy School. After I started the public policy program in September, I still felt disconnected. The curriculum was extremely quantitative, focused on figuring out how to maximize benefits and minimize costs, without much concern for what those benefits achieved and the costs created. While intellectually stimulating, decision theory, econometrics, and similar courses left me feeling adrift. But then, suddenly, everything came into focus.
I discovered that the law school offered an unusual one-month intensive course on race and poverty litigation taught by Betsy Bartholet, a law professor who had worked as an attorney with the NAACP Legal Defense Fund. Unlike most courses, this one took students off campus, requiring them to spend the month with an organization doing social justice work. I eagerly signed up, and so in December 1983 I found myself on a plane to Atlanta, Georgia, where I was scheduled to spend a few weeks working with the Southern Prisoners Defense Committee (SPDC).
I hadnt been able to afford a direct flight to Atlanta, so I had to change planes in Charlotte, North Carolina, and thats where I met Steve Bright, the director of the SPDC, who was flying back to Atlanta after the holidays. Steve was in his mid-thirties and had a passion and certainty that seemed the direct opposite of my ambivalence. Hed grown up on a farm in Kentucky and ended up in Washington, D.C., after finishing law school. He was a brilliant trial lawyer at the Public Defender Service for the District of Columbia and had just been recruited to take over the SPDC, whose mission was to assist condemned people on death row in Georgia. He showed none of the disconnect between what he did and what he believed that Id seen in so many of my law professors. When we met he warmly wrapped me in a full-body hug, and then we started talking. We didnt stop till wed reached Atlanta.
Bryan, he said at some point during our short flight, capital punishment means them without the capital get the punishment. We cant help people on death row without help from people like you.
I was taken aback by his immediate belief that I had something to offer. He broke down the issues with the death penalty simply but persuasively, and I hung on every word, completely engaged by his dedication and charisma.
I just hope youre not expecting anything too fancy while youre here, he said.
Oh, no, I assured him. Im grateful for the opportunity to work with you.
Well, opportunity isnt necessarily the first word people think of when they think about doing work with us. We live kind of simply, and the hours are pretty intense.