Friday, July 15, 2011

Clarence Darrow's Address to Prisoners in Cook County Jail in 1902

Added by Francisco Sánchez

One of the goals of our blog is to share what inspires us as a journal. Although Clarence Darrow is a towering figure for those fighting for social justice, did the myth of Darrow dilute what the man really stood for? Darrow was more than the grandiose litigator that represented Leopold and Loeb, Communists, teachers of evolution, unions, and Black families when such causes were unpopular.  He was a dreamer hoping for the greatest of American revolutions: the abolition of the American criminal justice system.

All words by Clarence Darrow - Excerpts from his Address to Cook County Prisoners, 1902

"If I looked at jails and crimes and prisoners in the way the ordinary person does, I should not speak on this subject to you. The reason I talk to you on the question of crime, its cause and cure, is that I really do not in the least believe in crime. There is no such thing as crime as the word is generally understood. I do not believe there is any sort of distinction between the real moral conditions of people in and out of jail. One is just as good as the other. The people here can no more help being here than the people outside can avoid being outside. I do not believe that people are in jail because they deserve to be. They are in jail simply because they cannot avoid it on account of circumstances which are entirely beyond their control and for which they are in no way responsible.

"I suppose a great many people on the outside would say I was doing you harm if they should hear what I say to you this afternoon, but you cannot be hurt a great deal anyway, so it will not matter. Good people outside would say that I was really teaching you things that were calculated to injure society, but it's worth while now and then to hear something different from what you ordinarily get from preachers and the like. These will tell you that you should be good and then you will get rich and be happy. Of course we know that people do not get rich by being good, and that is that is the reason why so many of you people try to get rich some other way, only you do not understand how to do it quite as well as the fellow outside.

"There are people who think that everything in this world is an accident. But really there is no such thing as an accident. A great many folks admit that many of the people in jail ought to be there, and many who are outside ought to be in. I think none of them ought to be here. There ought to be no jails; and if it were not for the fact that the people on the outside are so grasping and heartless in their dealings with the people on the inside, there would be no such institution as jails.
"Most of you probably have nothing against me, and most of you would treat me the same as any other person would, probably better than some of the people on the outside would treat me, because you think I believe in you and they know I do not believe in them. While you would not have the least thing against me in the world, you might pick my pockets. I do not think all of you would, but I think some of you would. You would not have anything against me, but that's your profession, a few of you. Some of the rest of you, if my doors were unlocked, might come in if you saw anything you wanted -- not out of any malice to me, but because that is your trade. There is no doubt there are quite a number of people in this jail who would pick my pockets. And still I know this --- that when I get outside pretty nearly everybody picks my pocket. There may be some of you who would hold up a man on the street, if you did not happen to have something else to do, and needed the money; but when I want to light my house or my office the gas company holds me up. They charge me one dollar for something that is worth twenty-five cents. Still all these people are good people; they are pillars of society and support the churches, and they are respectable.

"When I ride on the streetcars I am held up -- I pay five cents for a ride that is worth two and a half cents, simply because a body of men have bribed the city council and the legislature, so that all the rest of us have to pay tribute to them.

"If I do not want to fall into the clutches of the gas trust and choose to burn oil instead of gas, then good Mr. Rockefeller holds me up, and he uses a certain portion of his money to build universities and support churches which are engaged in telling us how to be good.

"Some of you are here for obtaining property under false pretenses -- yet I pick up a great Sunday paper and read the advertisements of a merchant princes -- "Shirtwaists for 39 cents, marked down from $3.00."

"When I read the advertisements in the paper I see they are all lies. When I want to get out and find a place to stand anywhere on the face of the earth, I find that it has all been taken up long ago before I came here, and before you came here, and somebody says, "Get off, swim into the lake, fly into the air; go anywhere, but get off." That is because these people have the police and they have the jails and the judges and the lawyers and the soldiers and all the rest of them to take care of the earth and drive everybody off that comes in their way.
"Let us see whether there is any connection between the crimes of the respectable classes and your presence in the jail. Many of you people are in jail because you have really committed burglary; many of you, because you have stolen something. In the meaning of the law, you have taken some other person's property. Some of you have entered a store and carried off a pair of shoes because you did not have the price. Possibly some of you have committed murder. I cannot tell what all of you did. There are a great many people here who have done some of these things who really do not know themselves why they did them. I think I know why you did them -- every one of you; you did these things because you were bound to do them. It looked to you at the time as if you had a chance to do them or not, as you saw fit; but still, after all, you had no choice. There may be people here who had some money in their pockets and who still went out and got some more money in a way society forbids. Now, you may not yourselves see exactly why it was you did this thing, but if you look at the question deeply enough and carefully enough you will see that there were circumstances that drove you to do exactly the thing which you did. You could not help it any more than we outside can help taking the positions that we take. The reformers who tell you to be good and you will be happy, and the people on the outside who have property to protect -- they think that the only way to do it is by building jails and locking you up in cells on weekdays and praying for you on Sundays.

"I think that all of this has nothing whatever to do with right conduct. I think it is very easily seen what has to do with right conduct. Some so-called criminals -- and I will use this word because it is handy, it means nothing to me -- I speak of the criminals who get caught as distinguished from the criminals who catch them -- some of these so-called criminals are in jail for their first offenses, but nine tenths of you are in jail because you did not have a good lawyer and, of course, you did not have a good lawyer because you did not have enough money to pay a good lawyer. There is no very great danger of a rich man going to jail.
"First and last, people are sent to jail because they are poor. Sometimes, as I say, you may not need money at the particular time, but you wish to have thrifty forehanded habits, and do not always wait until you are in absolute want. Some of you people are perhaps plying the trade, the profession, which is called burglary. No man in his right sense will go into a strange house in the dead of night and prowl around with a dark lantern through unfamiliar rooms and take chances of his life, if he has plenty of the good things of the world in his own home. You would not take any such chances as that. If a man had clothes in his clothes-press and beefsteak in his pantry and money in the bank, he would not navigate around nights in houses where he knows nothing about the premises whatever. It always requires experience and education for this profession, and people who fit themselves for it are no more to blame than I am for being a lawyer. A man would not hold up another man on the street if he had plenty of money in his own pocket. He might do it if he had one dollar or two dollars, but he wouldn't if he had as much money as Mr. Rockefeller has. Mr. Rockefeller has a great deal better hold-up game than that.

"The more that is taken from the poor by the rich, who have the chance to take it, the more poor people there are who are compelled to resort to these means for livelihood. They may not understand it, they may not think so at once, but after all they are driven into that line of employment.
"Crime is born, not because people are bad; people don't kidnap other people's children because they want the children or because they are devilish, but because they see a chance to get some money out of it. You cannot cure this crime by passing a law punishing by death kidnapers of children. There is one way to cure it. There is one way to cure all these offenses, and that is to give the people a chance to live. There is no other way, and there never was any other way since the world began; and the world is so blind and stupid that it will not see. If every man and woman and child in the world had a chance to make a decent, fair, honest living, there would be no jails and no lawyers and no courts. There might be some persons here or there with some peculiar formation of their brain, like Rockefeller, who would do these things simply to be doing them; but they would be very, very few, and those should be sent to a hospital and treated, and not sent to jail; and they would entirely disappear in the second generation, or at least in the third generation.
"Again, people find all sorts of ways of getting rich. These are diseases like everything else. You look at the people getting rich, organizing trusts and making a million dollars, and somebody gets the disease and he starts out. He catches it just as a man catches the mumps or the measles; he is not to blame, it is in the air. You will find men speculating beyond their means because the mania of money-getting is taking possession of them. It is simply a disease -- nothing more, nothing less. You cannot avoid catching it; but the fellows who have control of the earth have the advantage of you. See what the law is: when these men get control of things, they make the laws. They do not make the laws to protect anybody; courts are not instruments of justice. When your case gets into court it will make little difference whether you are guilty or innocent, but it's better if you have a smart lawyer. And you cannot have a smart lawyer unless you have money. First and last it's a question of money. Those men who own the earth make the laws to protect what they have. They fix up a sort of fence or pen around what they have. and they fix the law so the fellow on the outside cannot get in. The laws are really organized for the protection of the men who rule the world. They were never organized or enforced to do justice. We have no system for doing justice, not the slightest in the world.

"Let me illustrate: Take the poorest person in this room. If the community had provided a system of doing justice, the poorest person in this room would have as good a lawyer as the richest, would he not? When you went into court you would have just as long a trial and just as fair a trial as the richest person in Chicago. Your case would not be tried in fifteen or twenty minutes, whereas it would take fifteen days to get through with a rich man's case.

"Then if you were rich and were beaten, your case would be taken to the Appellate Court. A poor man cannot take his case to the Appellate Court; he has not the price. And then to the Supreme Court. And if he were beaten there he might perhaps go to the United States Supreme Court. And he might die of old age before he got into jail. If you are poor, it's a quick job. You are almost known to be guilty, else you would not be there. Why should anyone be in the criminal court if he were not guilty? He would not be there if he could be anywhere else. The officials have no time to look after all these cases. The people who are on the outside, who are running banks and building churches and making jails, they have no time to examine 600 or 700 prisoners each year to see whether they are guilty or innocent. If the courts were organized to promote justice the people would elect somebody to defend all these criminals, somebody as smart as the prosecutor -- and give him as many detectives and as many assistants to help, and ay as much money to defend you as to prosecute you. We have a very able man for state's attorney, and he has many assistants, detectives and policemen without end, and judges to hear the cases -- everything handy.

"Most of all our criminal code consists in offenses against property. People are sent to jail because they have committed a crime against property. It is of very little consequence whether one hundred people more or less go to jail who ought not to go -- you must protect property, because in this world property is of more importance than anything else.

"How is it done? These people who have property fix it so they can protect what they have. When somebody commits a crime it does not follow that he has done something that is morally wrong. The man on the outside who has committed no crime may have done something. For instance: to take all the coal in the United States and raise the price two dollars or three dollars when there is no need of it, and thus kill thousands of babies and send thousands of people to the poorhouse and tens of thousands to jail, as is done every year in the United States -- this is a greater crime than all the people in our jails ever committed; but the law does not punish it. Why? Because the fellows who control the earth make the laws. If you and I had the making of the laws, the first thing we would do would be to punish the fellow who gets control of the earth. Nature put this coal in the ground for me as well as for them and nature made the prairies up here to raise wheat for me as well as for them, and then the great railroad companies came along and fenced it up.

"Most of the crimes for which we are punished a property crimes. There are few personal crimes, like murder -- but they are very few. The crimes committed are mostly those against property. If this punishment is right the criminals must have a lot of property. How much money is there in this crowd? And yet you are all her for crimes against property. The people up and down the Lake Shore have not committed crime; still they have so much property they don't know what to do with it. It is perfectly plain why these people have not committed crimes against property; they make the laws and therefore do not need to break them. And in order for you to get some property you are obliged to break the rules of the game. I don't know but what some of you may have had a very nice chance to get rich by carrying a hod for one dollar a day, twelve hours. Instead of taking that nice, easy profession, you are a burglar. If you had been given a chance to be a banker you would rather follow that. Some of you may have had a chance to work as a switchman on a railroad where you know, according to statistics, that you cannot live and keep all your limbs more than seven years, and you can get fifty dollars or seventy-five dollars a month for taking your lives in your hands; and instead of taking that lucrative position you chose to be a sneak thief, or something like that. Some of you made that sort of choice. I don't know which I would take if I was reduced to this choice. I have an easier choice.

"I will guarantee to take from this jail, or any jail in the world, five hundred men who have been the worst criminals and law-breakers who ever got into jail, and I will go down to our lowest streets and take five hundred of the most abandoned prostitutes, and give them a chance to make a living, and they will be as good people as the average in the community.
"Hanging men in our county jails does not prevent murder. It makes murderers.

"And this has been the history of the world. It's easy to see how to do away with what we call crime. It is not so easy to do it. I will tell you how to do it. It can be done by giving the people a chance to live -- by destroying special privileges. So long as big criminals can get the coal fields, so long as the big criminals have control of the city council and get the public streets for streetcars and gas rights -- this is bound to send thousands of poor people to jail. So long as men are allowed to monopolize all the earth, and compel others to live on such terms as these men see fit to make, then you are bound to get into jail.

"The only way in the world to abolish crime and criminals is to abolish the big ones and the little ones together. Make fair conditions of life. Give men a chance to live. Abolish the right of private ownership of land, abolish monopoly, make the world partners in production, partners in the good things of life. Nobody would steal if he could get something of his own some easier way. Nobody will commit burglary when he has a house full. No girl will go out on the streets when she has a comfortable place at home. The man who owns a sweatshop or a department store may not be to blame himself for the conditions of his girls, but when he pays them five dollars, three dollars, and two dollars a week, I wonder where he thinks they will get the rest of their money to live. the only way to cure these conditions is by equality. There should be no jails. They do not accomplish what they pretend to accomplish. If you would wipe them out there would be no more criminals than now. They terrorize nobody. They are a blot upon and civilization, and a jail is an evidence of the lack of charity of the people on the outside who make the jails and fill them with the victims of their greed."

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