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Stagger onward rejoicing

Tag: crime (page 1 of 1)

victimology

I’ve been meaning for some time to write a brief post about Freddie deBoer’s case for forcing mentally ill people into treatment — or rather, about one element of the story. And then today I see a new post by Freddie on this review of this book by Jonathan Rosen, and that got the wheels turning. 

None of this is within my own area of expertise or experience. I have no authority here. I just want to call attention to one point. Rosen’s book is about his friend Michael Laudor, who in 1998 murdered his fiancée Caroline Costello during a psychotic episode. I have not read the book, but when I heard about it, I think originally from Freddie’s Substack, I immediately remembered a book that made a great impact on me when I read it forty years ago: The Killing of Bonnie Garland, by an eminent psychiatrist named Willard Gaylin. I was reminded of it because of of one small detail linking the two situations: Yale University, which Laudor, Costello, and Rosen all attended in the early 1980s, as did Bonnie Garland and the man who killed her, Richard Herrin, in the mid-1970s. 

Here’s how Gaylin describes the origins of his book: 

Richard Herrin, then twenty-three, had killed his college sweetheart, Bonnie Garland. He had hammered her to death in her sleep in her parents’ home. This was the tragic culmination of a three-year romance. Richard Herrin, a poor Mexican-American boy, had been a junior at Yale University when he met seventeen-year-old freshman Bonnie Garland. Bonnie was a child of affluence. Daughter of Joan and Paul Garland, she had spent much of her childhood in Brazil, where her father was establishing a very successful international law practice. She had attended the fashionable Madeira School and went on to Yale, her father’s alma mater.

Bonnie Garland was an unlikely victim of a killing. But then again, Richard Herrin was an unlikely killer. And the course of events following the killing was strange and unpredictable. Within two months of killing Bonnie, Richard Herrin was not in prison but attending classes at the State University of New York in Albany, working in a religious bookshop there, and being unstintingly supported both emotionally and financially by a Catholic community.

I am not a devotee of crime news; I rarely read it in the papers. But there was something unusually bizarre about this crime and its sequelae. I remembered one brief phrase from the reporting; Richard had been quoted as saying within hours of the killing, “Her head broke open like a watermelon.” Who speaks in those terms? What kind of human being even thinks that way? One might expect a general revulsion, a turning away from the vile and indecent. But many did not turn away. The Catholic community at Yale University, where both Richard and his victim, Bonnie Garland, had been students, mobilized by Ashbel (“A.T.”) T. Wall, a former roommate of Richard’s and a member of an affluent and socially prominent New England family, along with Father Peter Fagan and Sister Ramona Pena, Catholic associate chaplains at Yale, began a crusade of compassion for Richard. The Garlands — her room in their house still soiled with their daughter’s blood and brain tissue — started a counter-crusade. This would eventually include hiring a private eye, appearing on a TV talk show, and interviews in such gossip sheets as the Star and National Enquirer

Gaylin followed the case closely and came to focus on one question: In the aftermath of this killing, why were there so many more tears for Richard Herrin than for the young woman he killed? And this is his answer: 

Our mechanisms of identification and empathy are central to our concepts of what is good and what is right. From the day of the killing, Richard attracted a host of concerned and compassionate defenders. When one person kills another, there is immediate revulsion at the nature of the crime. But in a time so short as to seem indecent to the members of the personal family, the dead person ceases to exist as an identifiable figure. To those individuals in the community of good will and empathy, warmth and compassion, only one of the key actors in the drama remains with whom to commiserate and that is always the criminal. The dead person ceases to be a part of everyday reality, ceases to exist. She is only a figure in a historic event. We inevitably turn away from the past, toward the ongoing reality. And the ongoing reality is the criminal; trapped, anxious, now helpless, isolated, often badgered and bewildered. 

Gaylin attended Richard Herrin’s trial and noticed that the prosecuting attorneys did nothing to remind the jury of the former existence of Bonnie Garland. They did not even introduce a photograph of her. Meanwhile, the defense suggested that Bonnie — who had dated Richard for the better part of three years but had grown less interested in him — had not been sufficiently attentive to his emotional needs, had not really understood how difficult life was for him, a kid from the barrio, at Yale. Richard’s attorney did not accuse her of anything; as Gaylin notes, “the slight suggestion of her complicity and insensitivity was sufficient.” But gradually the defense was able to shift the jury’s attention in such a way as to suggest that she was really the one on trial. “She was diminished, and, in suggesting that she was somewhat responsible for her own fate, made an accomplice to her own killing. She was on trial, and was given no voice, no presence. No real attempt was made by the prosecution to bring her to life.” 

So the jury’s sympathies, like those of the Catholic community at Yale, shifted towards Richard. Later, after the trial, the villains in the story become Bonnie’s parents, rich white people who in their arrogance and entitlement wouldn’t forgive the troubled boy from the barrio

François Truffaut was the first person to note that the key scene in Psycho comes when Norman Bates cleans up the shower where Marion Crane has been murdered. For 45 minutes we, the audience, have been learning to sympathize with this imperfect young woman, obviously the protagonist of the story, and now she’s dead. What do we do? Truffaut says that we transfer our sympathies to Norman Bates, and the lengthy clean-up scene — which also involves the disposal of her body, which we never see again — gives us the chance to do that. 

But we don’t know that Norman Bates is Marion’s murderer. Wouldn’t things be different if we did know that he’s a killer? Gaylin’s argument is: Not necessarily. Not if the victim is dead and gone, absent, invisible. In the absence of the victim, Gaylin says, the murderer “usurps the compassion that is justly his victim’s due. He will steal his victim’s moral constituency along with her life.” The living sympathize with the living, not with the dead. And — this is in some ways Gaylin’s key concern — his own profession, psychiatry, does more than any other force in American life to facilitate the transfer of compassion from the murdered to the murderer. 

All this says nothing about the case of Michael Laudor and Caroline Costello — I know little about that and, again, haven’t read Rosen’s book. But I was greatly taken, all those years ago, with Gaylin’s explanation of how we transfer our sympathies from the dead to the living, from any absent victim to any present offender — whom, thanks to the mechanical workings of our criminal-justice and mental-health systems, we can easily perceive as “the real victim here.” It’s worth noting, perhaps, that when I first posted this reflection I read through it and noticed that the first sentence of this paragraph referred to “the case of Michael Laudor” — I had left out the name of the woman he murdered. 

the methods of the Official Straighteners

Two recent stories — one involving a Chicago priest named Paul Kalchik and one involving Marine le Pen — have something significant in common. Neither figure is being punished but each is being examined. In Le Pen’s case a psychologist will be tasked with determining whether she is “capable of understanding remarks and answering questions.” Fr. Kalchik’s psychological examination, Cardinal Blaise Cupich wrote, is to ensure that he “receive[s] pastoral support so his needs can be assessed.”

These are perfect embodiments of what C. S. Lewis called “the humanitarian theory of punishment.” Those holding this theory

maintain that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal. When this theory is combined, as frequently happens, with the belief that all crime is more or less pathological, the idea of mending tails off into that of healing or curing and punishment becomes therapeutic. Thus it appears at first sight that we have passed from the harsh and self-righteous notion of giving the wicked their deserts to the charitable and enlightened one of tending the psychologically sick. What could be more amiable?

Thus Cupich’s claim that his actions are focused on Fr. Kalchik’s “needs.” But Lewis’s continuation is vital: “One little point which is taken for granted in this theory needs, however, to be made explicit. The things done to the criminal, even if they are called cures, will be just as compulsory as they were in the old days when we called them punishments.” And, from the point of view of the state or any other governing body, this shift from punishment to healing has certain desirable consequences. More from Lewis, on an article he had recently read:

The author was pleading that a certain sin, now treated by our laws as a crime, should henceforward be treated as a disease. And he complained that under the present system the offender, after a term in gaol, was simply let out to return to his original environment where he would probably relapse. What he complained of was not the shutting up but the letting out. On his remedial view of punishment the offender should, of course, be detained until he was cured. And of course the official straighteners are the only people who can say when that is. The first result of the Humanitarian theory is, therefore, to substitute for a definite sentence (reflecting to some extent the community’s moral judgment on the degree of ill-desert involved) an indefinite sentence terminable only by the word of those experts — and they are not experts in moral thology nor even in the Law of Nature — who inflict it. Which of us, if he stood in the dock, would not prefer to be tried by the old system?

It is not clear, of course, that there will be any “sentence” of Fr. Kalchik or Marine Le Pen. But the remote possibility of lengthy punishment is coupled with the immediate certainty of compulsory therapy at the hands of people who wield enormous power over their future. This is certainly meant to have a profound deterrent effect not only on them but in the one case on all priests in the Diocese of Chicago and in the other on the French public as a whole. Pour encourager les autres and all that.

Lewis is at pains to emphasize that his case against the Humanitarian theory of punishment assumes “no evil intentions on the part of the Humanitarian.”

My contention is that good men (not bad men) consistently acting upon that position would act as cruelly and unjustly as the greatest tyrants. They might in some respects act even worse. Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

But what if the official straighteners are not good people? You’ll have to read the rest of his essay to find out.

on necks that need millstones around them

In the Diocese of Allentown, for example, documents show that a priest was confronted about an abuse complaint. He admitted, “Please help me. I sexually molested a boy. “The diocese concluded that “the experience will not necessarily be a horrendous trauma” for the victim, and that the family should just be given “an oportunity to ventilate.” The priest was left in unrestricted ministry for several more years, despite his own confession.

Similarly in the Diocese of Erie, despite a priest’s admission to assaulting at least a dozen young boys, the bishop wrote to thank him for “all that you have done for God’s people. The Lord, who sees in private, will reward. “Another priest confessed to anal and oral rape of at least 15 boys, as young as seven years old. The bishop later met with the abuser to commend him as “a person of candor and sincerity, “and to compliment him” for the progress he has made “in controlling his “addiction.” When the abuser was finally removed from the priesthood years later, the bishop ordered the parish not to say why; “nothing else need be noted.”

— The grand jury report on clerical sexual abuse in six Pennsylvania dioceses. You need a strong stomach to read much of it; I couldn’t manage more than a few pages. But this was the passage that, though not explicit about what the priests did to children, most caught my eye. Even when the priests knew they were doing terrible things, even when they wanted to be held accountable, even when they desperately desired for children to be protected from them, the bishops refused. Faced not only with horrifically abused children, but also with abusers who cried out to be restrained, they did nothing. They all but forced the abuse to continue — they could not have done more if they had themselves desired above all things the destruction of lives.

The Lord, who sees in private, will reward.

empathy and leniency

Judge Aaron Persky empathized with Brock Allen Turner and could easily imagine what it would be like to lose sports fame (as Persky enjoyed), to lose a Stanford education (as Persky enjoyed), to lose the sort of easy success and high regard that a young, reasonably affluent Stanford graduate (like Persky was) can expect as a matter of right.  Judge Persky could easily imagine how dramatically different a state prison is from Stanford frat parties, and how calamitous was Turner’s fall.  That’s how Judge Persky convinced himself to hand such a ludicrously light sentence for such a grotesque violation of another human being.

But most people fed into the criminal justice system aren’t champion athletes with Stanford scholarships.  Most aren’t even high school graduates.  Most are people who have lived lives that are alien and inscrutable to someone successful enough to become a judge.  Judges might be able to empathize with having to quit their beloved college, but how many can empathize with a defendant who lost a minimum-wage job because they couldn’t make bail?  How many can empathize with someone more likely to sleep by a dumpster than exit a frat party next to one?  They can conceive of the humiliation of being on the sex offender registry after getting into an elite university, but can they conceive of the humiliation of being stopped, frisked, detained, and beaten with impunity because of the color of their skin?  Experience teaches that the answer is usually no.

This means that the system is generally friendly to defendants who look like Brock Allen Turner and generally indifferent or cruel to people who don’t look like him.  No high school dropout who rapes an unconscious girl behind a dumpster is getting six months in jail and a solicitous speech from the likes of Judge Persky.  Judges take their youth as a sign that they are “superpredators,” not as grounds for leniency.  If you tell a judge that they aren’t a danger to others, the judge will peer over his or her glasses and remark that people who rape unconscious girls in the dirt are self-evidently dangerous, and don’t be ridiculous.  Judges don’t think that a good state prison stretch will have too severe an impact – after all, what are they missing, really?

Ken White

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