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Thomas Szasz

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Judges and prosecutors, lawyers and psychiatrists, all protest their passionate desire to know why a person accused of a crime did what he did. But their actions completely belie their words: their efforts are now directed toward letting everyone speak in court but the defendant himself -- especially if he is accused of a political or psychiatric crime.
--
"Law", p. 40

 
Thomas Szasz

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Is to accept the leadership of a crumbling country a crime? Is to prevent the Russians, the natural enemy of Germany, from obtaining our arms and manpower a crime? In Russian eyes it probably is. But I'm referring to the eyes of a westerner. I knew that we had to capitulate and I wanted it to be to the Americans and British, and not to the East. I'm not even accused of war crimes in the sense of the atrocities. It's clear they have no case against me. I came into a powerful position in 1943. How can I be accused of a conspiracy?

 
Karl Donitz
 

People, especially liberals and psychiatrists, say that the two main causes of crime are mental illness and poverty. Insanity is therefore a defense in the criminal law. If we really believed that poverty caused crime, we would have a "poverty defense" as well, attorneys calling professors of economics to testify in court whether a particular defendant is guilty of theft or not by reason of poverty.

 
Thomas Szasz
 

It is often said that the accused should be given an immediate trial; that this and subsequent proceedings should not be hindered by delay; that the uncertainties of punishment furnish the criminal with the hope of escape and therefore do not give the community the benefit of the terror that comes with the certainty of punishment that could prevent crime. I can see no basis in logic or experience for this suggestion. It is based on the theory that punishment is not only a deterrent to crime, but the main deterrent. It comes from the idea that the criminal is distinct from the rest of mankind, that vengeance should be sure and speedy and that then crime would be prevented. If this were true and the only consideration to prevent crime, then the old torture chamber and the ancient prison with all its hopelessness and horror should be restored. Logic, humanity and experience would protest against this. If there is to be any permanent improvement in man and any better social order, it must come mainly from the education and humanizing of man. I am quite certain that the more the question of crime and its treatment is studied the less faith men have in punishment.

 
Clarence Darrow
 

It is a crime that those people who wish to see a generous France take her place as leader of all the free and just nations are being accused of fomenting turmoil in the country, denounced by the very plotters who are conniving so shamelessly to foist this miscarriage of justice on the entire world. It is a crime to lie to the public, to twist public opinion to insane lengths in the service of the vilest death-dealing machinations. It is a crime to poison the minds of the meek and the humble, to stoke the passions of reactionism and intolerance, by appealing to that odious anti-Semitism that, unchecked, will destroy the freedom-loving France of the Rights of Man. It is a crime to exploit patriotism in the service of hatred, and it is, finally, a crime to ensconce the sword as the modern god, whereas all science is toiling to achieve the coming era of truth and justice.
Truth and justice, so ardently longed for! How terrible it is to see them trampled, unrecognized and ignored!

 
Emile Zola
 

In an ordinary crime, how does one defend the accused? One calls up witnesses to prove his innocence. But witchcraft is ipso facto, on its face and by its nature, an invisible crime, is it not? Therefore, who may possibly be witness to it? The witch and the victim. None other. Now we cannot hope the witch will accuse herself; granted? Therefore, we must rely upon her victims — and they do testify, the children certainly do testify. As for the witches, none will deny that we are most eager for all their confessions. Therefore, what is left for a lawyer to bring out? I think I have made my point. Have I not?

 
Arthur Miller
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