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Clarence Darrow — Part 01
Page 4
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Memorandum for Kr. Tolson
June 24, 1936.
"In this undertaking, everything pertaining to the pros-
pective juror needs be qnestioned and weighed; his nationality,
his business, religion, politics, social standing, family ties,
friende, habits of life and thought; the books and newspapers he
likes and reads, and many more zatters that combine to make a nan;
all of these qualities and erperiences have left their effect on
ideas, beliefs and fancies that inhabit his mind . . . Involved
in it all is the juror's method of speech, the kind of clothes he
wears, the style of haircut, and, above all, his business asso-
ciates, residence and origin.
*The litigants and their lawyers are supposed to went
justice, but, in reality,. there is no such thing'as justice, either
in or out of court. In fact, the word can not be defined .
In the last analysis, most jury trials are contests between the rich
and poor." Criminal cases, however, practically always have the
poor on trial.
"The most important point to learn is whether the
less devious ways. As soon as 'the court' sees what you want, he
almost always blocks the game. Next to this, in having more or
less bearing on the question, is the nationslity, politics, and
religion, of the person examined for the jury. If you do not dis-
cover this, all your plans may go awry."
Assuming that underdogs are being represented because
of injuries received or because of an indictment brought by what the
prosecutors name themselves "the state" nthen what sort of men will.
we seek? An Irishman is called into the box for examination. There
is no reason for asking about his religion; he is Irish; thst is
enough. We msy not agree with his religion, but it matters not;
his feelings go deeper than any religion. You should be aware that
he is emctionsl, kindly and syupathetic. If he is chosen as a juror,
his imagination will place him in the dock; really, he is trying
himself. You would be guilty of nalpractice if you got rid of him,
except for the strongest reasons.*
"An Fnglishman is not so good as an Irishman, but still,.
he has come through a long tradition of individual rights, and is.
not afraid to stand alone; in fact, he is never sure that he is
right unless the great sajority is against him.
*The German is not so keen about individual rights except.
where they concern his owm way of life. Liberty is not a theory.
It is a way of living. He has not been among us long, his ways are
fixed by his race, his habits are still in the making. We need in-.
quire no further. If he is a Catholic, then he loves music and art;
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