{"id":20816,"date":"2020-05-30T21:32:47","date_gmt":"2020-05-30T21:32:47","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=20816"},"modified":"2020-06-04T00:00:12","modified_gmt":"2020-06-04T00:00:12","slug":"reflecting-on-the-case-of-cyntoia-brown-talking-with-the-director-of-murder-to-mercy","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/reflecting-on-the-case-of-cyntoia-brown-talking-with-the-director-of-murder-to-mercy\/","title":{"rendered":"Reflecting on the case of Cyntoia Brown \u2013 talking with the director of &#8216;Murder to Mercy&#8217;"},"content":{"rendered":"<p><a href=\"https:\/\/theconversation.com\/profiles\/dan-birman-369971\">Dan Birman<\/a>, <em><a href=\"https:\/\/theconversation.com\/institutions\/university-of-southern-california-annenberg-school-for-communication-and-journalism-2771\">University of Southern California, Annenberg School for Communication and Journalism<\/a><\/em><\/p>\n<p><em>Cyntoia Brown <a href=\"https:\/\/www.nytimes.com\/2019\/08\/07\/us\/cyntoia-brown-release.html\">walked out of prison in August 2019<\/a> after serving 15 years of a life sentence for a murder she committed when she was 16. Her story is the focus of \u201c<a href=\"https:\/\/www.netflix.com\/title\/81074065\">Murder to Mercy: The Cyntoia Brown Story,\u201d<\/a> a Netflix feature documentary.<\/em><\/p>\n<p><em>Dan Birman directed this documentary and another on Cyntoia\u2019s life that aired on PBS in 2011. He is a <a href=\"https:\/\/annenberg.usc.edu\/faculty\/journalism\/dan-birman\">professor of professional practice<\/a> and teaches documentary at the University of Southern California, Annenberg School for Communication and Journalism.<\/em><\/p>\n<h2>What does Cyntoia\u2019s case tell us about the US justice system?<\/h2>\n<p>Cyntoia Brown\u2019s case follows a complex social and legal path, but her story is common to thousands of young people in the justice system. As of 2017, there were <a href=\"https:\/\/www.ojjdp.gov\/ojstatbb\/corrections\/qa08201.asp?qaDate=2017\">nearly 44,000 juveniles locked up in America<\/a>, and more than <a href=\"https:\/\/www.ojjdp.gov\/ojstatbb\/corrections\/qa08205.asp?qaDate=2017\">two-thirds were black or Latino<\/a>. Many are serving <a href=\"https:\/\/jjie.org\/2017\/08\/02\/life-and-long-sentences-imposed-on-youth-need-a-second-look\/\">life sentences with and without parole<\/a>. Like Cyntoia, they all have stories of their own \u2013 stories that the law may not be sensitive to.<\/p>\n<h2>How did you come to work with Cyntoia?<\/h2>\n<p>In January 2004, I gained access to the juvenile justice system in Nashville because I was interested in telling a story about juveniles who commit serious crimes. When Cyntoia was arrested eight months later, I was invited to meet her. At the time, few television networks were interested in such dark subjects, so I went on this journey without a distributor or the resources to produce the project.<\/p>\n<figure><iframe loading=\"lazy\" src=\"https:\/\/www.youtube.com\/embed\/eb2Ce6mj-iI?wmode=transparent&amp;start=0\" width=\"440\" height=\"260\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/figure>\n<p>The first documentary, <a href=\"https:\/\/www.pbs.org\/independentlens\/films\/me-facing-life\/\">\u201cMe Facing Life: Cyntoia\u2019s Story,\u201d<\/a> helped stir debate about how young people are treated in the American criminal justice system and helped bring about some reform. In Tennessee, where Cyntoia was sentenced, juveniles can no longer be <a href=\"https:\/\/www.themarshallproject.org\/2017\/12\/01\/cyntoia-brown-and-our-twisted-system\">charged with prostitution<\/a>. And state legislators are trying to address <a href=\"https:\/\/www.tennessean.com\/story\/news\/2019\/01\/15\/prison-reform-juvenile-sentencing-laws-tennessee-cyntoia-brown\/2546723002\/\">the state\u2019s harsh sentencing laws<\/a>. Many other states are developing more progressive laws too.<\/p>\n<p><a href=\"https:\/\/www.ncsl.org\/research\/civil-and-criminal-justice\/improving-the-juvenile-justice-system.aspx\">More needs to be done<\/a>. Thousands of children each year are arrested for <a href=\"https:\/\/www.ojjdp.gov\/ojstatbb\/crime\/qa05101.asp\">violent crimes<\/a>. The need for an ongoing thoughtful analysis of America\u2019s juvenile justice system is great.<\/p>\n<h2>How are the two films different?<\/h2>\n<p>They are different in one key way \u2013 depth. The first, while completed in 2011, stopped when it seemed the story was over. Cyntoia was incarcerated, she lost her first appeal and that was the end. But then a legal team came together after seeing the documentary and decided to continue fighting for Cyntoia. This meant that there was still more to play out. The possibility existed that new appeals might be successful, but it was also entirely possible that nothing would happen. Either outcome would be significant. I decided to continue documenting the case. I wanted to complete the full story. The new film was a complete redo, with about 80% of the footage not having been seen before.<\/p>\n<hr \/>\n<p><em><br \/>\n<strong><br \/>\nRead more:<br \/>\n<a href=\"https:\/\/theconversation.com\/should-we-put-juveniles-away-for-life-meet-cyntoia-brown-the-teen-who-sparked-a-debate-77290\">Should we put juveniles away for life? Meet Cyntoia Brown, the teen who sparked a debate<\/a><br \/>\n<\/strong><br \/>\n<\/em><\/p>\n<hr \/>\n<p>Ultimately, \u201cMurder to Mercy\u201d presents the broader social and legal issues with greater clarity due to the expansive timeline in the film. And it provides more insight to the legal process that led to the <a href=\"https:\/\/www.cnn.com\/2019\/01\/07\/us\/tennessee-cyntoia-brown-granted-clemency\/index.html\">clemency granted<\/a> to Cyntoia by Tennessee Gov. Bill Haslam as he was leaving office.<\/p>\n<p>Still, Cyntoia\u2019s clemency left some legal questions unanswered. While Cyntoia was incarcerated, her attorneys filed an appeal with the Sixth Circuit Court of Appeals on the grounds that <a href=\"https:\/\/law.justia.com\/cases\/federal\/appellate-courts\/ca6\/16-6738\/16-6738-2018-08-02.html\">her sentence was unconstitutional<\/a>. Had they succeeded, it might have had implications for states with harsh sentencing laws. Arguments were heard, but the court\u2019s verdict was never provided \u2013 it was moot due to the governor\u2019s decision.<\/p>\n<p>This means that Cyntoia\u2019s clemency was a personal victory but that no legal precedent was established about Tennessee\u2019s sentencing laws. The new documentary reveals the general legal arguments for her appeal and shows the simultaneous application to the governor for early parole consideration.<\/p>\n<p>What makes this story different is our recording of events and their impact on Cyntoia and her family over 16 years. The audience can see what happened at major milestones in Cyntoia\u2019s case, which gives the documentary unusual depth. It is also a story that centers on journalistic inquiry.<\/p>\n<h2>Are you suggesting that journalists have a unique approach to documentary filmmaking?<\/h2>\n<p>Yes, definitely. A journalistic approach to documentary depends on balancing a story by vetting facts through research \u2013 as opposed to depending solely on a director\u2019s point of view.<\/p>\n<p>To be fair, most documentaries center on facts. But it is possible through cinematic approaches to treat facts in many different ways, from straight verite recording \u2013 in other words, using a camera to purely observe \u2013 to the inclusion of dramatic recreations using actors and representative locations.<\/p>\n<figure class=\"align-center zoomable\"><a href=\"https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip\"><img src=\"https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip\" sizes=\"(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px\" srcset=\"https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=338&amp;fit=crop&amp;dpr=1 600w, https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=338&amp;fit=crop&amp;dpr=2 1200w, https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=338&amp;fit=crop&amp;dpr=3 1800w, https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=424&amp;fit=crop&amp;dpr=1 754w, https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=424&amp;fit=crop&amp;dpr=2 1508w, https:\/\/images.theconversation.com\/files\/338264\/original\/file-20200528-51456-1j7gkq7.jpg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=424&amp;fit=crop&amp;dpr=3 2262w\" alt=\"\" \/><\/a><figcaption><span class=\"caption\">Cyntoia Brown spent 14 years behind bars.<\/span><br \/>\n<span class=\"attribution\"><a class=\"source\" href=\"https:\/\/vandam.netflix.com\/shares\/1bdd943a73324c09be0cb3b9487a8406?assets=22389508\">Murder to Mercy\/Netflix<\/a><\/span><\/figcaption><\/figure>\n<p>Also, whom we choose to interview and what we choose to show on screen can change, or even limit, the story viewers see. The point is that viewers, while treated to great content, might not be aware of the story balance.<\/p>\n<p>Regardless of approach, truth is important to me. We cannot avoid some bias just by the choices we make. And it is impossible to see or present every point of view, but I believe that what emerges needs to be as close to the truth as possible. As a professor of journalism, I am constantly worried about ethical challenges when creating documentaries and the standards by which we do <a href=\"http:\/\/cmsimpact.org\/resource\/honest-truths-documentary-filmmakers-on-ethical-challenges-in-their-work\/\">our craft<\/a>. This is especially true now that documentaries are more popular.<\/p>\n<p>Cyntoia\u2019s story has been a teaching tool for most of my time at USC. I teach students that what we do is not a right, but a privilege. I learned a lot more from Cyntoia, her family, and the lawyers than would have been possible with short interviews. My experience walks straight into the classroom as an urgent message that it is incumbent upon us to employ best practices when presenting facts.<\/p>\n<p>The tools available to documentary filmmakers when shooting and editing a story are about the same. Budgets tend to dictate picture quality, how much we can do stylistically and how much crew we can afford to help pull it off. But budgets don\u2019t prescribe story ethics. This is up to the filmmaker.<\/p>\n<p>Cyntoia\u2019s case became a lens into large social problems both at home and in the system. It brings inequality in the juvenile justice system squarely into view. Sadly, thousands of juveniles won\u2019t enjoy the attention that Cyntoia gained because we happened to turn the camera toward her. And while we can see change happening nationally, racial and financial disparity remain daunting problems.<\/p>\n<p>Hopefully the biggest takeaway for viewers is that children matter and the laws that judge children at their worst need to be reconsidered. Their circumstances need to be factored in, and not just the violent acts that land them in the criminal justice system.<\/p>\n<p>[<em>You\u2019re smart and curious about the world. So are The Conversation\u2019s authors and editors.<\/em> <a href=\"https:\/\/theconversation.com\/us\/newsletters\/weekly-highlights-61?utm_source=TCUS&amp;utm_medium=inline-link&amp;utm_campaign=newsletter-text&amp;utm_content=weeklysmart\">You can get our highlights each weekend<\/a>.]<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img loading=\"lazy\" style=\"border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;\" src=\"https:\/\/counter.theconversation.com\/content\/109601\/count.gif?distributor=republish-lightbox-basic\" alt=\"The Conversation\" width=\"1\" height=\"1\" \/><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https:\/\/theconversation.com\/republishing-guidelines --><\/p>\n<p><a href=\"https:\/\/theconversation.com\/profiles\/dan-birman-369971\">Dan Birman<\/a>, Professor of Professional Practice, <em><a href=\"https:\/\/theconversation.com\/institutions\/university-of-southern-california-annenberg-school-for-communication-and-journalism-2771\">University of Southern California, Annenberg School for Communication and Journalism<\/a><\/em><\/p>\n<p>This article is republished from <a href=\"https:\/\/theconversation.com\">The Conversation<\/a> under a Creative Commons license. Read the <a href=\"https:\/\/theconversation.com\/reflecting-on-the-case-of-cyntoia-brown-talking-with-the-director-of-murder-to-mercy-109601\">original article<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Dan Birman, University of Southern California, Annenberg School for Communication and Journalism Cyntoia Brown walked out of prison in August 2019 after serving 15 years of a life sentence for a murder she committed when she was 16. Her story is the focus of \u201cMurder to Mercy: The Cyntoia Brown Story,\u201d a Netflix feature documentary. [&hellip;]<\/p>\n","protected":false},"author":44,"featured_media":20817,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[293],"tags":[787,1701,1707,456,8125,785,7203,652],"_links":{"self":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/20816"}],"collection":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/comments?post=20816"}],"version-history":[{"count":2,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/20816\/revisions"}],"predecessor-version":[{"id":20870,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/posts\/20816\/revisions\/20870"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media\/20817"}],"wp:attachment":[{"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/media?parent=20816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/categories?post=20816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lifeandnews.com\/articles\/wp-json\/wp\/v2\/tags?post=20816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}