Damning Demonstrative Darrow

Nobody lives in this world to himself or any part of himself. Nobody fashions his body, and still less is responsible for the size or the fineness of his brain and the sensitiveness of his nervous system. No one has anything to do with the infinite manifestations of the human body that produce the emotions, that force men here and there. And yet religion in its cruelty and its brutality brands them all alike. And the religious teachers are so conscious of their own guilt that they only seek to escape punishment by loading their punishment onto someone else. They say that the responsibility of the individual who in his weakness goes his way is so great and his crimes are so large that there isn't a possibility for him to be saved by his own works.

The law is only the slightest bit more intelligent. No matter who does it, or what it is, the individual is responsible. If he is manifestly and obviously crazy they may make some distinction; but no lawyer is wise enough to look into the human mind and know what it means. The interpretations of the human judges were delivered before we had any science on the subject whatever, and they continue to enforce the old ideas of insanity, in spite of the fact that there isn't an intelligent human being in the world who has studied the question who ever thinks of it in legal terms.

Judges instruct the jury that if a man knows the difference between right and wrong he cannot be considered insane. And yet an insane man knows the difference better than an intelligent man, because he has not the intelligence and the learning to know that this is one of the hardest things to determine, and perhaps the most impossible. You can ask the inmates of any insane asylum whether it is right to steal, lie, or kill, and they will all say "No," just as little children will say it, because they have been taught it. It furnishes no test, but still lawyers and Judges persist in it, to give themselves an excuse to wreak vengeance upon unfortunate people.