r/creativewriting • u/AggravatingTrainer25 • 17h ago
Writing Sample II. The Indifference of the Just (Thoughts/Feedback Please)
Judge Daniel Mercer
“Mercy is the most exquisite form of injustice, for it permits a man to believe himself virtuous while denying another the punishment he deserves.”
“Miss Julie Webber, please rise.”
There are certain cruelties which, by virtue of their repetition, cease to be recognized as cruelties at all. They become the ordinary furnishings of existence, the unremarkable conditions under which a person learns to breathe, to eat, to sleep, and eventually to mistake endurance for living. It is perhaps among the more disturbing peculiarities of human nature that suffering, when administered with sufficient consistency, may come to resemble the natural order of things.
Julie Webber had never known a world in which suffering was not ordinary.
Her father had abandoned her before she was born, leaving behind neither explanation nor inheritance, save for the peculiar burden of having been unwanted by a man whose face she had never seen. Her mother, Samantha, was a woman whose affection had been gradually exhausted by poverty, loneliness, and an enduring melancholy that rendered even the smallest domestic obligations almost insurmountable. She loved her daughter, certainly, but hers was a love perpetually interrupted by the demands of survival.
It was during one of these interruptions that Harrison Bertrum entered their lives.
Harry, as he preferred to be called, initially appeared to possess precisely those qualities which Samantha's circumstances had made indispensable. He had money enough to relieve their immediate hardships, a disposition sufficiently agreeable to disguise his less charitable inclinations, and an apparent willingness to assume responsibility for a family not originally his own.
For a time, he was regarded as a blessing.
Then came the birth of Alexandra, and with it, the gradual deterioration of the man who had once promised them security.
Harry developed a peculiar conviction that the household existed primarily to acknowledge his sacrifices. Every unwashed dish became an insult. Every disagreement, an act of ingratitude. Every silence, evidence of some conspiracy against his authority. His drinking, once confined to occasional evenings, became a daily ritual through which his grievances acquired both volume and violence.
He kept firearms throughout the house.
Sometimes, under the influence of alcohol, he would point one at Julie merely to observe her reaction. He appeared to derive considerable amusement from the spectacle of a child attempting to determine whether the instrument of her possible death had been loaded.
Julie learned not to move.
She learned that tears invited ridicule, that protest encouraged punishment, and that obedience, although never a guarantee of safety, occasionally postponed the arrival of violence.
Yet she did not hate him. Not initially.
Children possess an extraordinary capacity to accommodate the intolerable, particularly when the intolerable has been presented to them as the price of belonging somewhere.
She was grateful for the roof above her head. Grateful for the meals placed before her. Grateful, even, for those rare evenings when Harry returned home sober and the household was permitted the luxury of behaving like a family.
It was only when he began striking her mother that gratitude gradually surrendered to something less forgiving.
Samantha endured the violence with a resignation Julie found incomprehensible. She concealed bruises beneath clothing, attributed injuries to accidents, and repeatedly assured her daughters that Harry was merely experiencing a difficult period.
When Julie attempted to intervene, Harry pushed her aside.
Her mother instructed her not to interfere.
And so Julie discovered that helplessness was not simply the inability to prevent suffering. It was the more humiliating realization that those one wished to protect might themselves refuse protection.
Years passed.
The violence became familiar. The apologies became predictable. The intervals between them grew shorter.
Harry warned Julie that any attempt to expose the household's affairs would result in the deaths of both her and Alexandra.
She believed him.
By eighteen, Julie had few friends, no meaningful expectation of independence, and an understanding of domestic life so thoroughly disfigured by violence that peace seemed less like a possibility than a temporary interruption.
Her younger sister remained the sole object of affection she could contemplate without suspicion.
Alexandra was fifteen, and Julie had come to regard her continued safety as the one responsibility she could not afford to neglect.
Then, on an otherwise unremarkable afternoon in March, Julie returned from school to find Harry beating her mother.
There was nothing particularly unusual about the scene. The overturned chair, the broken glass, the incoherent accusations issuing from Harry's mouth—all belonged to a familiar domestic arrangement.
What distinguished that afternoon from the innumerable others which preceded it was not the severity of the violence, but the sudden exhaustion of Julie's capacity to endure it.
She saw the pistol lying upon the dining table.
She picked it up.
And she shot Harrison Bertrum in the head.
He collapsed at her feet.
The impact of his body against the floor produced a sound she would remember long after the gunshot itself had become indistinct. Blood marked her clothing and the side of her face. She stood motionless, regarding the man whose existence had governed the greater portion of her childhood.
She felt no triumph.
Only an unfamiliar quiet.
For the first time in nearly a decade, the household contained no immediate threat of violence.
Julie turned toward her mother.
She smiled.
It was the smile of a child who had finally accomplished something for which she expected to be praised.
Samantha stared at her daughter with an expression of such unmistakable horror that Julie initially mistook it for shock.
Then her mother moved toward the telephone.
There are moments in which the human mind, confronted with an event it cannot reconcile with its expectations, constructs an explanation more tolerable than the truth. Julie had believed that her mother's suffering required only the removal of its cause. She had imagined gratitude, perhaps tears, perhaps the trembling embrace of a woman delivered from years of terror.
She had not imagined condemnation.
And when Samantha began speaking to the emergency operator, Julie experienced that condemnation as a betrayal more unbearable than anything Harry had inflicted upon her.
She raised the pistol again.
The second shot entered Samantha's back.
Her mother fell beside the telephone.
In the silence that followed, Julie discovered that liberation was a considerably more complicated undertaking than she had supposed.
The man who had terrorized her was dead.
The woman she had intended to save was dying.
And the home she had spent years attempting to preserve had become the scene of two murders.
Julie eventually picked up the telephone and informed the emergency operator of what she had done.
She did not flee.
She did not deny responsibility.
At trial, she pleaded guilty.
Perhaps she believed that confession would establish the purity of her intentions. Perhaps she had simply grown too exhausted to defend herself against a world whose judgments she had never understood.
Whatever the explanation, she offered the court no resistance.
By the time her sentencing hearing commenced, Julie Webber was nineteen years old.
The jury had heard the history of the household, the threats, the beatings, and the years during which a frightened child had been taught that survival depended upon silence. They had also heard how Samantha Webber had been shot while attempting to summon the police.
The jurors were not required to find Julie innocent in order to recognize the circumstances that had produced her crimes.
They recommended life imprisonment.
It was a recommendation in which compassion and condemnation had, for once, arrived at an uneasy accommodation.
But under Florida law, the jury's recommendation was not necessarily the final word.
Judge Daniel Mercer possessed the authority to impose sentence, subject to the stringent legal limitations governing a judicial override. He had reviewed the evidence, the arguments in mitigation, and the written findings necessary to support his decision.
He regarded the jury's recommendation as a regrettable concession to sentiment.
From the gallery, Alexandra Webber rose.
“No matter what happens, you're my hero, Julie. You saved me from hell.”
For the briefest moment, something resembling life returned to Julie's expression.
It was not happiness, precisely. Rather, it was the fragile recognition that someone had understood the purpose behind her actions, even if the world had condemned their consequences.
She had spent the greater part of her existence believing herself powerless. Now, for the first time since her arrest, she entertained the possibility that her suffering might possess an end other than death.
The jurors lowered their eyes.
Their recommendation had been merciful, but mercy, they were discovering, was not necessarily an exercise of power.
Judge Mercer regarded the condemned woman.
“Julie Webber, for the murder of Samantha Webber, this court hereby sentences you to death.”
He paused.
“May God have mercy on your soul.”
The words were delivered without anger.
That was perhaps what made them so terrible.
Mercer had long maintained that mankind's devotion to compassion was seldom founded upon any coherent moral principle. Men pitied the condemned because suffering offended their sensibilities; they forgave because condemnation required a firmness of conviction they did not possess; and they called these weaknesses humanity, as though the experience of an emotion were sufficient evidence of virtue.
He considered this an extraordinary confusion.
The law, in his estimation, was not instituted to console the unfortunate, nor to furnish the guilty with an audience sympathetic to their remorse. It existed because the moral inclinations of men were too inconsistent to be entrusted with the administration of justice.
And yet men insisted upon introducing those very inclinations into the courtroom.
Before him stood a young woman whose hands trembled so violently that the restraints upon her wrists produced a faint metallic sound.
She was weeping.
Daniel observed her without contempt, without satisfaction, and, most notably, without pity.
He felt nothing.
And he considered this the surest indication that he was qualified to judge her.