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From the beginning of Max’s speech through the end of the novel
In the courtroom, Max presents his case. He argues that Bigger is a “test symbol” who embodies and exposes the ills of American society. Max explains that his intent is not to argue whether an injustice has been committed, but to make the court understand Bigger and the conditions that have created him. Max points out that the authorities have deliberately inflamed public opinion against Bigger, using his case as an excuse to terrorize the black community, labor groups, and the Communist Party into submission.
Max goes on to say that the rage directed at Bigger stems from a mix of guilt and fear. Those who clamor for Bigger’s swift execution secretly know that their own privileges have been gained through historical wrongs committed against people like Bigger, and that their wealth has been accumulated through the oppression of others. Bigger’s options have been so limited, and his life so controlled, that he has been unable to do anything but hate those who have profited from his misery. Stunted and deformed by this oppression, Bigger was unable to view Mary and Jan as human beings. Max argues that the Daltons, despite their philanthropy, are blind to the world that has created Bigger and have themselves created the conditions that led to their daughter’s murder.
Max warns that killing Bigger quickly will not restrain others like him. Rather, these other blacks will only become angrier that the powerful, rich, white majority limits their opportunities. Popular culture dangles happiness and wealth before the oppressed, but such goals are always kept out of reach in reality. Max argues that this smoldering anger born out of restricted opportunities—though now tempered by the effects of religion, alcohol, and sex—will eventually burst forth and destroy all law and order in American society. By limiting the education of blacks, segregating them, and oppressing them, white society itself is implicated in Mary’s murder. Max claims that white society “planned the murder of Mary Dalton” but now denies it. He says that his job is to show how foolish it is to try to seek revenge on Bigger.
Max argues that Bigger murdered Mary accidentally, without a plan, but that he accepted his crime, which gave him the opportunities of choice and action, and the sense that his actions finally meant something. Bigger’s killing was thus not an act against an individual, but a defense against the world in which Bigger has lived. Mary died because she did not understand that she alone could not undo hundreds of years of oppression. Max points to the gallery, where blacks and whites are seated in separate sections. Blacks, he says, live in a separate “captive” nation within America, unable to determine the course of their own lives. He argues that such a lack of self-realization is just as smothering and stunting as physical starvation. Bigger sought a new life, Max says, and found it accidentally when he murdered Mary. Max argues that Bigger had no motive for the crimes and that the murders were “as instinctive and inevitable as breathing or blinking one’s eyes.” The hate and fear society has bred into Bigger are an inextricable part of his personality, and essentially his only way of living.
Max says that there are millions more like Bigger and that, if change does not come, these conditions could lead to another civil war. He says he knows the court does not have the power to rectify hundreds of years of wrongs in one day, but that it can at least show that it recognizes that there is a problem. Prison, he says, would be a step up for Bigger. Though Bigger would be known only as a number in prison, he would at least have an identity there. Finally, Max argues that the court cannot kill Bigger because it has never actually recognized that he exists. He urges the court to give Bigger life. Bigger does not entirely understand Max’s speech, but is proud that Max has worked so hard to save him.
After Max’s arguments, Buckley declares that Bigger does in fact have a motive for Mary’s murder. Buckley claims that since Bigger and Jack masturbated while watching a newsreel about Mary the same day she was killed, Bigger must have been sexually interested in her. Buckley tells the courtroom that Bigger was a “maddened ape” who raped Mary, killed her, and burned her body to hide the evidence. Buckley concludes his argument by saying that Bigger was sullen and resentful from the start, not even grateful when he was referred to Mr. Dalton for a job. Buckley calls Bigger a “demented savage” who deserves to die, and whose execution will prove that “jungle law” does not prevail in Chicago. The court adjourns. After a brief deliberation, the judge returns and sentences Bigger to death.
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