Crime And Punishment Lawyer Brief

By Victoria Vail

Opening Statement:

            The defense pleads that Raskolnikov is not guilty of committing murder on account of insanity.  Raskolnikov did not commit the murder for the sake of killing someone for his own pleasure.  Raskolnikov exhibits signs of OCD, major depressive disorder, and schizophrenia.  He experiences convulsions, hallucinations, loss of appetite, abnormal thinking, and social withdrawal.  Dounia, Nastasya, Pulcheria, Nikolay, and Porfiry can attest to these symptoms.  Quinci Peri has examined Raskolnikov’s physiatric state of mind before, during, and after the murder.  She has proof that Raskolnikov is indeed insane and should not be sentenced to jail time.  Those who know Raskolnikov well agree that he needs mental help and that he truly is a good man.  They do not believe that he is dangerous and would murder again.  Porfiry, a detective himself, did not rush to put Raskolnikov in prison because he knows that Raskolnikov does not need prison, he needs help. 

            Raskolnikov’s environment and social standing contributed to his insanity.  He did not use the money he gained from the murder for his own benefit, and he hid it under a rock.  Raskolnikov did not commit the murder as a sane man.  Raskolnikov believed in the superiority complex.  He believed that one can murder someone else if he is intellectually superior.  However, that notion was completely rejected when he did not use the money for which he committed the murder.  He realized that the old woman was superior to him because he was ultimately hurt by his murdering her; furthermore, he did not act according to plan.  Raskolnikov did not plan on killing the sister but he did because he was in shock that she was there.  Raskolnikov’s disorders skewed his perception of right and wrong: he believed what he was doing what right in his head.

Dounia:

Proof:  Dounia knows Raskolnikov very well since she is is sister.  She has insight on Raskolnikov’s behavior before the murder and after.  She can prove that Raskolnikov exhibited signs of mental illnesses.  He became extremely paranoid and disturbed after the murder.  She can also attest that he was very pressured to support his family.  He protected her from Luzhin and wanted the best for her.  Raskolnikov changed in Dounia’s eyes since arriving in St. Petersburg.  He experienced fainting spells and abnormal behavior.

Page 513: “Aren’t you half expiating your crime by facing the suffering?”

“Brother, brother, brother what are you saying? Why, you have shed blood!”

Relevance:  Dounia can prove that her brother needs mental help and that he did not commit the murder simply to kill.  He is not a dangerous man and should not be placed in jail.  Dounia can provide the jury with an insight to Raskolnikov’s past and environment.

Nikolay:

Proof:  Nikolay can prove that he did not commit the crime, and it was obviously Raskolnokiv.  Nikolay’s strange actions can prove that the thought of murder can drive someone insane.

Relevance:  Raskolnikov became extremely paranoid with getting caught by the police.  While Nikolay did not commit the crime, he still confessed just because he was assumed as the suspect.  Because he did not want to face society as a murderer, he confessed even though he did not commit the crime. 

Nastasya:

Proof: Nastasya took care of Raskolnikov and witnessed his changes throughout the course of his life.  She can describe him when he experienced hallucinations.  She can describe that Raskolnokiv is truly a good man and needs help.

Relevance: Nastasya can prove to the jury that Raskolnikov did indeed exhibit signs of insanity.  He was not eating properly and slept much more than normal.  He was clearly affected by the murder.

Pulcheria:

Proof: Pulcheria can describe her family’s situation and the pressure that Raskolnikov is put under to provide for the family.  She can explain the changes in his mood since arriving in St. Petersburg.  Most importantly, she can explain that her son is truly a good man. 

“Sometimes days and even weeks of gloomy silence and tears would be succeeded by a period of hysterical of her son, of her hopes for his future...” (page 531).

Relevance:  Pulcheria can prove that Raskolnikov was trying to help his family by murdering.  However, he did not do so when he hid the rubles.  This proves that Raskolnikov did not know right from wrong.  Murdering someone else for the sake of gaining money is wrong, however he thought it was right.  He then hid the money because he was so afraid of being caught by the police.  Raskolnikov clearly was not sane during the time of the murder.

Porfiry:

Proof: Porfiry has detailed accounts of Raskolnikov’s behavor right after the murder.  He knew that Raskolnikov was the murderer, but did not put him in jail right away.  This is proof that Raskolnikov was someone Porfiry sympathized with because he knew that he was not an outright murderer.  Raskolnikov truly believed what he was doing was right. 

Relevance:  Porfiry can attest that Raskolnikov is not a dangerous man.  He did not put Raskolnikov in jail right away because he did not have enough evidence.  He also tried to figure out Raskolnikov along the way and realized he was a good man.

Defense Psychiatrist:

Proof:  Raskolnikov exhibits many signs of OCD, major depressive disorder, and schizophrenia.   Quinci can describe his symptoms to the court including loss of appetite, abnormal thoughts, and obsessions.

Relevance:  This can wrap up the point that Raskolnikov was indeed at the time of the murder.  He did not know right from wrong during the time of the murder.

Prosecuting Psychiatrist: 

Proof: The prosecuting psychiatrist has worked with Raskolnikov as well.  She cannot deny his symptoms to OCD, major depressive disorder, and schizophrenia.  The prosecution will say that Raskolnikov was not insane during the crime, and that his current disorders manifested as products of his guilt that eating away at him.  However, Raskolnikov did not use the money he gained from the murder.  He still believed what he did was right for his family.

Relevance:  This can prove the defense’s point that Raskolnikov was indeed insane.  At the time of the murder, he was undoubtedly insane because of the way it turned out.  Raskolnikov did not plan to murder the sister, and he did not even use the money.

Works Cited

Dostoyevsky, Fyodor. Crime and Punishment. New York: W.W. Norton, 1964. Print.