The Judge sat with his face turned away and spoke as he sat--very
gravely and quietly: "I always defended because the State can
punish only the accused, and the accused is never the only
criminal. In every crime there are three criminals. The first
criminal is the Origin of Evil. I don't know what the Origin of
Evil is, or who he is; but if I could have dragged the Origin of
Evil into the court room, I should have been glad to try to have it
hanged, or have him hanged. I should have liked to argue the
greatest of all possible criminal cases: the case of the Common
People vs. the Devil--so nominated. The second criminal is all
that coworked with the accused as involved in his nature, in his
temptation, and in his act. If I could have arraigned all the
other men and women who have been forerunners or copartners of the
accused as furthering influences in the line of his offence, I
should gladly have prosecuted them for their share of the guilt.
But most of the living who are accessory can no more be discovered
and summoned than can the dead who also were accessory. You have
left the third criminal; and the State is forced to single him out
and let the full punishment fall upon him alone. Thus it does not
punish the guilty--it punishes the last of the guilty. It does not
even punish him for his share of the guilt: it can never know what
that share is. This is merely a feeling of mine, I do not uphold
it. Of course I often declined to defend also."
They returned to this subject another afternoon as the two sat
together a few days later:
Public-domain text, read in full here on John Shaqi.
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