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nydus/The Brothers KaramazovPublic
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Book XII. A Judicial Error

even worse, even more fatal in such cases, than the most malicious and consciously unfair attitude. It is worse if we are carried away by the artistic instinct, by the desire to create, so to speak, a romance, especially if God has endowed us with psychological insight. Before I started on my way here, I was warned in Petersburg, and was myself aware, that I should find here a talented opponent whose psychological insight and subtlety had gained him peculiar renown in legal circles of recent years. But profound as psychology is, it’s a knife that cuts both ways.” (Laughter among the public.) “You will, of course, forgive me my comparison; I can’t boast of eloquence. But I will take as an example any point in the prosecutor’s speech.

“The prisoner, running away in the garden in the dark, climbed over the fence, was seized by the servant, and knocked him down with a brass pestle. Then he jumped back into the garden and spent five minutes over the man, trying to discover whether he had killed him or not. And the prosecutor refuses to believe the prisoner’s statement that he ran to old Grigory out of pity. ‘No,’ he says, ‘such sensibility is impossible at such a moment, that’s unnatural; he ran to find out whether the only witness of his crime was dead or alive, and so showed that he had committed the murder, since he would not have run back for any other reason.’

“Here you have psychology; but let us take the same method and apply it to the case the other way round, and our result will be no less probable. The murderer, we are told, leapt down to find out, as a precaution, whether the witness was alive or not, yet he had left in his murdered father’s study, as the prosecutor himself argues, an amazing piece of evidence in the shape of a torn

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