Osler's Razor

On Friday, we had a remarkable Law Journal Symposium at St. Thomas, and so many of my favorite people were there. For the last decade, I have worked hard on clemency, and having so many of my fellow travelers in one place was a dream come true! It was quite a week (I also found out our students chose me as "Professor of the Year," which means I get the happy task of hooding the graduates at commencement), but the symposium and those who were there really requires some additional discussion.

One of those fellow travelers joined us in freedom only recently. For years, I knew about Alice Marie Johnson's case from Amy Povah (and eventually promoted it on CNN). She was freed on June 6, 2018, and immediately began working to free those she left behind. While in prison she became an ordained minister, and shared her talents with First Covenant here in Minneapolis not long after her release. And, of course, she was the best part of the last State of the Union address and recently spoke at the United Nations. It's remarkable the way she is able to articulate from her own experience what is wrong with our criminal justice system; her perspective is important, authentic, and immediate. The discussion of this subject is moving beyond the opinions of academics and politicians, and that is all to the good.

There is a danger that people like Ms. Johnson will become symbols. Yes, symbols are important, but they also are reduced to two dimensions. Worse, once a person is reduced to mere symbolism, that person loses control over what they represent; they are formed by the hands that employ the symbol.

Ms. Johnson's preaching-- and in the most powerful way, her public appearances are preaching-- immunizes her from becoming a two-dimensional symbol. She claims her own identity with authority, and does not hide her faith. Her keynote speech at St. Thomas was a masterpiece: moving and convincing and motivating.

In the national debate over clemency reform, Ms. Johnson's voice is especially important because she properly and explicitly frames it as a Christian witness, as a follower of the Christ who took his charge from Isaiah to "free the prisoners." Nearly all of those who oppose clemency identify as Christian, and we need to engage them within our common principles as much as we can. Mercy is at the center of the faith. That must mean something in real life.

As we move forward towards real clemency reform, Alice Marie Johnson will be an important voice, not merely an important symbol. And that may make all the difference.