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CRIME AND CRIMINALS
Address to the Prisoners
in the Chicago Jail
by
Clarence Darrow
Preface
This address is a stenographic report of a talk made to the prisoners in the Chicago
jail. Some of my good friends have insisted that while my theories are true, I should not
have given them to the inmates of a jail.
Realizing the force of the suggestion that the truth should not be spoken to all
people, I have caused these remarks to be printed on rather good paper and in a somewhat
expensive form. In this way the truth does not become cheap and vulgar, and is only placed
before those whose intelligence and affluence will prevent their being influenced by it.
—Clarence Darrow
Crime and Criminals
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 because I really do not in the least believe in crime. There
is no such thing as a crime as the word is generally understood. I do not believe there is
any sort of distinction between the real moral condition of the 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 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 not 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.
I do not want you to believe that I think all you people here are angels. I do not
think that. You are people of all kinds, all of you doing the best you can, and that is
evidently not very well — you are people of all kinds and conditions and under all
circumstances. In one sense everybody is equally good and equally bad. We all do the best
we can under the circumstances. But as to the exact things for which you are sent here,
some of you are guilty and did the particular act because you needed the money. Some of
you did it because you are in the habit of doing it, and some of you because you are born
to it, and it comes to be as natural as it does, for instance, for me to be good.
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 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, and 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 street cars, 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 wish 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 prince — “Shirt
waists 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 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.
A great many people will tell you that all this is true, but that it does not excuse
you. These facts do not excuse some fellow who reaches into my pocket and takes out a five
dollar bill; the fact that the gas company bribes the members of the legislature from year
to year, and fixes the law, so that all you people are compelled to be “fleeced”
whenever you deal with them; the fact that the street car companies and the gas companies
have control of the streets and the fact that the landlords own all the earth, they say,
has nothing to do with you.
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 would 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 week days and praying for you 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 the 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.
Some of you may be here for the first time. If we would open the doors and let you out,
and leave the laws as they are today, some of you would be back tomorrow. This is about as
good a place as you can get anyway. There are many people here who are so in the habit of
coming that they would not know where else to go. There are people who are born with the
tendency to break into jail every chance they get, and they cannot avoid it. You cannot
figure out your life and see why it was, but still there is a reason for it, and if we
were all wise and knew all the facts we could figure it out.
In the first place, there are a good many more people who go to jail in the winter time
than in summer. Why is this? Is it because people are more wicked in winter? No, it is
because the coal trust begins to get in its grip in the winter. A few gentlemen take
possession of the coal, and unless the people will pay $7 or $8 a ton for something that
is worth $3, they will have to freeze. Then there is nothing to do but break into jail,
and so there are many more in jail in the winter than in summer. It costs more for gas in
the winter because the nights are longer, and people go to jail to save gas bills. The
jails are electric lighted. You may not know it, but these economic laws are working all
the time, whether we know it or do not know it.
There are more people go to jail in hard times than in good times — few people
comparatively go to jail except when they are hard up. They go to jail because they have
no other place to go. They may not know why, but it is true all the same. People are not
more wicked in hard times. That is not the reason. The fact is true all over the world
that in hard times more people go to jail than in good times, and in winter more people go
to jail than in summer. Of course it is pretty hard times for people who go to jail at any
time. The people who go to jail are almost always poor people — people who have no
other place to live first and last. When times are hard then you find large numbers of
people who go to jail who would not otherwise be in jail.
Long ago Mr. Buckle, who was a great philosopher and historian, collected facts and he
showed that the number of people who are arrested increased just as the price of food
increased. When they put up the price of gas ten cents a thousand I do not know who will
go to jail, but I do know that a certain number of people will go. When the meat combine
raises the price of beef I do not know who is going to jail, but I know that a large
number of people are bound to go. Whenever the Standard Oil Company raises the price of
oil, I know that a certain number of girls who are seamstresses, and who work after night
long hours for somebody else, will be compelled to go out on the streets and ply another
trade, and I know that Mr. Rockefeller and his associates are responsible and not the poor
girls in the jails.
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 senses
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 a livelihood.
They may not understand it, they may not think so at once, but after all they are driven
into that line of employment.
There is a bill before the legislature of this State to punish kidnapping of children
with death. We have wise members of the legislature. They know the gas trust when they see
it and they always see it — they can furnish light enough to be seen, and this
legislature thinks it is going to stop kidnapping of children by making a law punishing
kidnapers of children with death. I don’t believe in kidnapping children, but the
legislature is all wrong. Kidnapping children is not a crime, it is a profession. It has
been developed with the times. It has been developed with our modern industrial
conditions. There are many ways of making money — many new ways that our ancestors
knew nothing about. Our ancestors knew nothing about a billion dollar trust; and here
comes some poor fellow who has no other trade and he discovers the profession of
kidnapping children.
This 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.
I am not talking pure theory. I will just give you two or three illustrations.
The English people once punished criminals by sending them away. They would load them
on a ship and export them to Australia. England was owned by lords and nobles and rich
people. They owned the whole earth over there, and the other people had to stay in the
streets. They could not get a decent living. They used to take their criminals and send
them to Australia — I mean the class of criminals who got caught. When these
criminals got over there, and nobody else had come, they had the whole continent to run
over, and so they could raise sheep and furnish their own meat, which is easier than
stealing it; these criminals then became decent, respectable people because they had a
chance to live. They did not commit any crimes. They were just like the English people who
sent them there, only better. And in the second generation the descendants of those
criminals were as good and respectable a class of people as there were on the face of the
earth, and then they began building churches and jails themselves.
A portion of this country was settled in the same way, landing prisoners down on the
southern coast; but when they got here and had a whole continent to run over and plenty of
chances to make a living, they became respectable citizens, making their own living just
like any other citizen in the world; but finally these descendants of the English
aristocracy, who sent the people over to Australia, found out they were getting rich, and
so they went over to get possession of the earth as they always do, and they organized
land syndicates and got control of the land and ores, and then they had just as many
criminals in Australia as they did in England. It was not because the world had grown bad;
it was because the earth had been taken away from the people.
Some of you people have lived in the country. It’s prettier than it is here. And
if you have ever lived on a farm you understand that if you put a lot of cattle in a
field, when the pasture is short they will jump over the fence; but put them in a good
field where there is plenty of pasture, and they will be law-abiding cattle to the end of
time. The human animal is just like the rest of the animals, only a little more so. The
same thing that governs in the one governs in the other.
Everybody makes his living along the lines of least resistance. A wise man who comes
into a country early sees a great undeveloped land. For instance, our rich men twenty-five
years ago saw that Chicago was small and knew a lot of people would come here and settle,
and they readily saw that if they had all the land around here it would be worth a good
deal, so they grabbed the land. You cannot be a landlord because somebody has got it all.
You must find some other calling. In England and Ireland and Scotland less than five
percent own all the land there is, and the people are bound to stay there on any kind of
terms the landlords give. They must live the best they can, so they develop all these
various professions — burglary, picking pockets and the like.
Again, people find all sorts of ways of getting rich. These are diseases like
everything else. You look at 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 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 pay 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 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 kills 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 all of the crimes for which we are punished are property crimes. There are a few
personal crimes, like murder — but they are very few. The crimes committed are mostly
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 here 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 the 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 get fifty dollars a month for taking your lives in
your hands, and instead of taking that lucrative position you choose 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 hardened prostitutes, and go out
somewhere where there is plenty of land, and will give them a chance to make a living, and
they will be as good people as the average in the community.
There is a remedy for the sort of condition we see here. The world never finds it out,
or when it does find it out it does not enforce it. You may pass a law punishing every
person with death for burglary, and it will make no difference. Men will commit it just
the same. In England there was a time when one hundred different offenses were punishable
with death, and it made no difference. The English people strangely found out that so fast
as they repealed the severe penalties and so fast as they did away with punishing men by
death, crime decreased instead of increased; that the smaller the penalty the fewer the
crimes.
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 street cars 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 condition
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 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.
CLARENCE DARROW
1902
Clarence Darrow (1857-1938) is most well known for his role in the Scopes
and Leopold-Loeb trials, but he also defended Eugene Debs, Big Bill Haywood and many other
labor, antiwar and civil rights cases. More extensive discussion of his views on crime and
punishment can be found in his books Resist Not Evil (1903) and Crime: Its
Cause and Treatment (1922).
No copyright. This text is now in the public domain and may be reproduced
freely.
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