Original Text(~250 words)
Chapter XII. And There Was No Murder Either “Allow me, gentlemen of the jury, to remind you that a man’s life is at stake and that you must be careful. We have heard the prosecutor himself admit that until to‐day he hesitated to accuse the prisoner of a full and conscious premeditation of the crime; he hesitated till he saw that fatal drunken letter which was produced in court to‐day. ‘All was done as written.’ But, I repeat again, he was running to her, to seek her, solely to find out where she was. That’s a fact that can’t be disputed. Had she been at home, he would not have run away, but would have remained at her side, and so would not have done what he promised in the letter. He ran unexpectedly and accidentally, and by that time very likely he did not even remember his drunken letter. ‘He snatched up the pestle,’ they say, and you will remember how a whole edifice of psychology was built on that pestle—why he was bound to look at that pestle as a weapon, to snatch it up, and so on, and so on. A very commonplace idea occurs to me at this point: What if that pestle had not been in sight, had not been lying on the shelf from which it was snatched by the prisoner, but had been put away in a cupboard? It would not have caught the prisoner’s eye, and he would have run away without...
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Summary
Fetyukovitch, Dmitri's defense lawyer, delivers a masterful counter-argument that systematically dismantles the prosecution's case. He argues that the prosecutor has built an entire theory on coincidences and assumptions rather than facts. The lawyer points out that if the murder weapon (the pestle) hadn't been visible, Dmitri might never have picked it up—showing the crime wasn't premeditated. He suggests Dmitri's drunken letter threatening his father was just tavern bluster, not a murder plan. Most crucially, Fetyukovitch presents Smerdyakov as the real killer, painting him as ambitious, envious, and resentful of his illegitimate status. The lawyer argues that Smerdyakov could have awakened from his epileptic fit, overheard the commotion, and seized the opportunity to steal the money while framing Dmitri. He challenges the jury to find even one piece of irrefutable evidence against his client, warning them against condemning a man based on accumulated suspicions rather than proven facts. The speech builds to an emotional crescendo as Fetyukovitch prepares to make his final, most important argument about the nature of justice and mercy.
That's what happens. To understand what the author is really doing—and to discuss this chapter with confidence—keep reading.
Terms to Know
Circumstantial evidence
Evidence that suggests guilt through a chain of circumstances rather than direct proof. The defense argues the prosecution has built their case on assumptions and coincidences, not facts.
Modern Usage:
Like when your boss assumes you're slacking because you left early twice this week, without knowing you had medical appointments.
Premeditation
Planning a crime in advance with deliberate intent. The defense argues Dmitri's actions were impulsive, not planned, which makes a huge difference in how serious the crime is.
Modern Usage:
The difference between a fight that breaks out in the heat of the moment versus planning to hurt someone for weeks.
Reasonable doubt
The standard for criminal conviction - if there's any logical reason to question guilt, the person should go free. The defense is trying to plant seeds of uncertainty in the jury's minds.
Modern Usage:
Like when you're 90% sure your coworker took your lunch, but that 10% uncertainty means you can't confront them.
Scapegoating
Blaming someone else for a crime or problem to deflect attention from the real culprit. The defense suggests Dmitri is being blamed while the real killer goes free.
Modern Usage:
When management blames the night shift for problems that happen during the day shift too.
Character assassination
Attacking someone's reputation and moral character rather than addressing the actual evidence. Both sides are doing this - painting their target as either villain or victim.
Modern Usage:
Like when workplace gossip focuses on someone's personal life instead of their actual job performance.
Epileptic seizure
A neurological condition causing temporary loss of consciousness and control. In Dostoevsky's time, people didn't understand epilepsy well, making Smerdyakov's condition seem suspicious and convenient.
Modern Usage:
Today we know epilepsy is a medical condition, but people still sometimes fake illnesses to avoid responsibility.
Characters in This Chapter
Fetyukovitch
Defense attorney
Dmitri's lawyer who systematically tears apart the prosecution's case. He's skilled at finding holes in their logic and presenting alternative theories about who really committed the murder.
Modern Equivalent:
The sharp public defender who actually fights for their clients
Dmitri Karamazov
Defendant
On trial for his father's murder, but his lawyer is arguing he's innocent. His drunken letter and impulsive behavior are being used against him, but the defense says this proves he didn't plan anything.
Modern Equivalent:
The guy with a temper who everyone assumes is guilty because of his reputation
Smerdyakov
Alternative suspect
The defense is pointing to him as the real killer - the illegitimate son with access to the house and motive to steal. His epileptic fits are presented as potentially fake or convenient timing.
Modern Equivalent:
The quiet employee everyone overlooks who had access and opportunity
The prosecutor
Opposing counsel
Built his case on psychological theories and circumstantial evidence. The defense is showing how his dramatic storytelling doesn't equal proof of guilt.
Modern Equivalent:
The lawyer who relies more on emotion and assumptions than hard facts
Why This Matters
Connect literature to life
This chapter teaches how to methodically dismantle weak arguments by identifying and challenging their foundational assumptions.
Practice This Today
This week, notice when someone makes a serious accusation against you—at work, at home, anywhere—and ask yourself: what assumptions are they making, and can I shift the burden back to them to prove those assumptions?
You have the foundation. Now let's look closer.
Key Quotes & Analysis
"What if that pestle had not been in sight, had not been lying on the shelf from which it was snatched by the prisoner, but had been put away in a cupboard?"
Context: The defense lawyer is dismantling the prosecution's theory about premeditation
This brilliantly shows how much of the case depends on coincidence rather than planning. If the weapon hadn't been visible, there might have been no crime at all.
In Today's Words:
If the gun hadn't been sitting right there on the table, would this even have happened?
"All was done as written"
Context: The prosecution's interpretation of Dmitri's drunken letter
The defense is showing how the prosecution took a drunk person's rambling and treated it like a detailed murder plan. It reveals how evidence can be twisted to fit a narrative.
In Today's Words:
He did exactly what he said he'd do in that angry text
"A man's life is at stake and that you must be careful"
Context: Opening his defense argument to the jury
This reminds everyone of the gravity of the situation and sets up his argument that the prosecution hasn't met the burden of proof needed to take someone's life.
In Today's Words:
Someone could die because of your decision, so you better be absolutely sure
Intelligence Amplifier™ Analysis
The Road of Reasonable Doubt - How Master Advocates Dismantle Opposition
The methodical dismantling of arguments by exposing their foundational assumptions and demanding proof rather than accepting interpretations.
Thematic Threads
Justice
In This Chapter
Fetyukovitch argues for justice based on facts rather than assumptions, challenging the court to meet its burden of proof
Development
Evolved from earlier themes of divine justice to practical courtroom justice requiring evidence
In Your Life:
You face this when someone accuses you at work based on assumptions rather than clear evidence
Class
In This Chapter
The lawyer highlights Smerdyakov's resentment of his illegitimate status and social position as potential motive
Development
Continues the exploration of how class resentment drives behavior throughout the novel
In Your Life:
You see this when workplace tensions arise from perceived differences in status or opportunity
Truth
In This Chapter
The defense argues that accumulated suspicions don't equal truth, demanding concrete evidence
Development
Builds on earlier questions about what constitutes truth versus perception or assumption
In Your Life:
You encounter this when family members build cases against each other based on patterns rather than specific facts
Identity
In This Chapter
Fetyukovitch reframes Dmitri's identity from guilty murderer to victim of circumstantial evidence
Development
Continues the theme of how others' perceptions shape our understood identity
In Your Life:
You experience this when trying to overcome a reputation or first impression that doesn't reflect who you really are
Power
In This Chapter
The lawyer demonstrates the power of skilled rhetoric and logical argument to challenge authority
Development
Shows how intellectual power can challenge institutional power, building on earlier power dynamics
In Your Life:
You use this when you need to challenge a decision at work or in healthcare by questioning the reasoning behind it
Modern Adaptation
When the Promotion Goes Sideways
Following Ivan's story...
Marcus sits in the HR conference room, watching his union rep Sarah methodically tear apart management's case against him. They're trying to deny his promotion to shift supervisor, claiming he's 'unreliable' and 'has anger issues.' Sarah doesn't just defend Marcus—she systematically destroys their argument. The tardiness? Three times in two years, all documented family emergencies. The 'anger'? Standing up for unsafe working conditions, which is actually his job as safety steward. The 'unreliability'? He's worked every holiday for five years. Then Sarah drops the real bomb: she's reviewed the promotion committee notes. The real reason? Marcus questioned the new productivity quotas that are making people skip breaks. Sarah doesn't need to prove conspiracy—just reasonable doubt about their stated reasons. She shifts the burden back to them: show us one documented performance issue that isn't actually Marcus doing his job well. The room goes quiet. Marcus realizes Sarah isn't just defending him; she's teaching him how power actually works.
The Road
The road Fetyukovitch walked in 1880, Marcus walks today. The pattern is identical: systematic deconstruction of false narratives by exposing the weak assumptions underneath seemingly solid accusations.
The Map
This chapter provides the navigation tool of burden-shifting—don't just defend against accusations, force accusers to prove their foundational assumptions. Make them show their work.
Amplification
Before reading this, Marcus might have accepted management's reasons and wondered what he did wrong. Now he can NAME false narratives, PREDICT how they're constructed, and NAVIGATE by demanding proof of assumptions.
You now have the context. Time to form your own thoughts.
Discussion Questions
- 1
How does Fetyukovitch systematically attack the prosecution's case? What specific pieces of 'evidence' does he reframe as assumptions?
analysis • surface - 2
Why is Fetyukovitch's strategy of presenting Smerdyakov as an alternative suspect so effective, even without proving Smerdyakov's guilt?
analysis • medium - 3
Think about a time someone accused you of something at work or home. How did you respond? What would change if you used Fetyukovitch's approach of questioning their assumptions?
application • medium - 4
When facing serious accusations or criticism in your own life, how can you separate facts from interpretations without seeming defensive or combative?
application • deep - 5
What does this courtroom battle reveal about how we construct 'truth' from incomplete information? How does this apply to gossip, news, or family conflicts?
reflection • deep
Critical Thinking Exercise
Deconstruct the Case Against You
Think of a recent situation where someone criticized your work, parenting, or decisions. Write down their main arguments, then identify which parts are facts versus interpretations. For each interpretation, brainstorm at least one alternative explanation that fits the same facts. Practice shifting from 'defending yourself' to 'questioning their reasoning process.'
Consider:
- •Focus on the logic of their argument, not your emotional reaction to being accused
- •Look for words like 'obviously,' 'clearly,' or 'everyone knows' - these often signal assumptions
- •Remember that creating reasonable doubt doesn't require proving the alternative explanation
Journaling Prompt
Write about a time when you jumped to conclusions about someone's motives. What facts did you have, and what did you assume? How might questioning your own assumptions have changed the outcome?
Coming Up Next...
Chapter 92: The Defense's Final Gambit
The coming pages reveal to distinguish between biological relationships and earned respect, and teach us mercy can be more transformative than punishment. These discoveries help us navigate similar situations in our own lives.