CHAPTER 22. CRIME AND PUNISHMENT
The Criminal: Identification and Appropriate action.
A Case Study
The man has pimped, beating women into submission and conditioning them into having sex with any man who would pay. He has acted as a male prostitute, available to either men or women who were willing to pay. He has committed over a hundred rapes, some of the women are still seeing doctors and one has died from the trauma. He has kidnapped and placed eight women in houses of prostitution. Yet, he will only be fined twenty five dollars and let go as a first offender even though the policeman bites his lip and remembers him when he was a juvenile offender. If the policeman should speak up, the judge would censure him for being out of order. The offender could be dismissed on that technicality if it occurred.
The man comes from well to do family, and received every educational advantage, though he dropped out of college before the end of his sophomore year.
He was married once and has two children whom he seldom sees and does not support. He has three other children he doesn't know exist. One is from a rape case who was too embarrassed to tell anyone until it was too late for an abortion.
His wife knew him as a profligate, philanderer, and a periodic alcoholic. She would still take him back, if he would just promise to be good and stop drinking. He does go back to her occasionally and con her out of some money, though he could easily steal more anyplace else. Occasionally, in a burst of sentimentality he has sent his children expensive toys, which he paid for with stolen money. He has also sent poems and flowers to his wife.
He has confessed a long list of sins to his priest. Once, after spending a night praying in the chapel, he left the confession booth and knocked off a gas station. Leaving the attendant unconscious, he returned to the church and gave nearly all of the money to the priest for an orphanage. The priest noted the smell of oil that clung to the money, and, remembering the man's confessions, hesitated an instant before placing the money in an envelope in the parish safe.
The night after he was fined and released for shoplifting the man acted on a crime he had been planning for a week. He had seen a busty woman on the subway who had reminded him of his mother. He had followed her home to her apartment, and watched her residence for several days. Once confident of her schedule he entered her place and crept into her bedroom. It was a warm night, and he could see her plainly by the light of the street lamp. She was sleeping on her stomach. Without waking her he pulled up her night gown exposing her thighs and buttocks. She rolled over without waking up and he could lift her gown higher exposing her breasts. He played with her breasts until he awakened her. She screamed.
This angered the man and he clamped his hand over her mouth. He warned her not to make any more noise or he would cut her throat. He showed her a long knife and placed it nearby on a dresser. From then on she complied with his wishes. He unzipped his pants and put his penis into her mouth. The imagery of his mother sucking his penis occurred. This angered him and he struck her. This terrified her, but she made no noise. He then took off his clothes, raped her, and committed sodomy. He spent the night fondling her and raping her several times. In the gray dawn he dressed, took whatever money and trinkets he could find and slipped out after threatening her if she said anything to anyone.
The woman was too embarrassed to say anything to anyone. After all, her experience was not too different from others she had had with friends. She had had several other men, and this case was only the roughest and most threatening in her experience. She left her clerking job without notice, and moved by bus to another city. In a few months she actually thought little of it, like thousands of other similar cases that have happened to other women.
This sordid story is fictitious, but not unrealistic. It actually is a melding of three true stories covering three age levels. The history touches on the magnitude of crimes which one man can commit, many of the worst of which the criminal doesn't even remember. The statistics show that 80% of the crimes are committed by 20% of the criminals. We can identify that 20%.
If the policeman had gone to the shoplifter's home, he would have found five color televisions sets with store labels still on them stacked in one of the rooms along with sterling silver in a closet and many other unfenced items, some of which will be given away. Though the pragmatic policeman thought of going to the prisoner's apartment, which was under an assumed name, he didn't do it, because the prisoner has "rights", and because one could only surmised but not prove that the "criminal" had stolen them. There was also a drawer full of women's panties, some of them bloody. This was a fetish on the man's part.
The Misunderstood Criminal
Much of the problem of crime is in a complete misunderstanding of crime and the criminal who perpetrates it. There is a failure to understand that each criminal caught stands for hundreds if not thousands of unsolved crimes. Each criminal caught is usually one of the less accomplished and more careless individuals engaged in crime. He is then treated as though he could be cured of his criminal ways. The prison sentence is then applied for reasons of revenge, punishment, and/or treatment, as if that had anything to do with solving the problem of increasing crime.
The Rights of CriminalsAs a problem to society, there is an additional propensity to promote an attitude and procedure in dealing with crime in a back-end-to fashion. A criminal is treated like an ordinary good-and-innocent person and should be treated instead like a bad-and-guilty person that he is.
Sarnoff Madnick
Much of what we shall discuss here has a scientific foundation in the work of Sarnoff Mednick at the University of Southern California. He has traced the lives of 14,000 adopted children both from average parents and from convicts in about equal proportions. He has shown that to a remarkable degree children of criminals are criminals themselves.
The Heritable Criminal
The "Schizoid" Personality
Criminal "Insanity"
The Elusive Schizoid
If a crime seems to be impulsive, it is because it neatly fits into a pattern that the criminal has memorized. An isolated unarmed and unprotected situation where negotiable property is exposed fits an ideal formulation that a criminal has in his mind. This is so quickly recognized by the criminal that the incident seems impulsive, but that is not so. It is a situation with which the criminal has practiced many times. A person with his attention riveted on an exciting event with his back pocket and wallet exposed may seem adventitious, but the pickpocket has traveled an hour by subway to be ready to take advantage of that situation.
We have mentioned the schizoid feature several times without being too specific about it. There are times when the criminal feels remorseful, especially when he is in jail. At these times he may suddenly become religious. He may attend church services and do a lot of reading of the Bible and praying. To the criminal psychologists this may be termed the "Monastic phase." Many well meaning social workers are taken in by this phase in the criminal's personality. It appears that the criminal is sincerely remorseful and reformed. To a degree the prisoner believes it himself. Parole boards must beware of this. It also occurs to a lesser degree at times when the prisoner is free on his own. It is ironic, but at times like these, the criminal will occasionally become a fraudulent minister, and be successful at it. The situation frequently fails when the minister runs off with the choir soprano.
An approach to crime as a social problem should entail several informed principles:
(1) The schizoid has a heritable behavior pattern.
(2) To the schizoid crime is exciting, and normal behavior is boring.
(3) The mind of the schizoid is fragmented with paradoxical content in each fragment.
(4) The schizoid is completely foreign and alien to a normal average person. He is born alien, and this is to be distinguished from a person who is born normal and since become alienated. The first mental state is heritable, and the second alienation is a conditioned mental state usually not involving crime. We have discussed this in the chapter on reverence.
(5) The schizoid inherits this behavioral pattern through his or her father.
Though a criminal's personality seems so strange that it is easily confused with insanity, actually, when a criminal is psychopathic, the insanity is strongly anti-crime. It has been found that about three percent of incarcerated criminals have spells of psychopathy at which time they are messianic and would have nothing to do with either a crime or a criminal. The psychosis acts as though it were a severe backlash of conscience. This is the monastic phase. A crime during a criminal's psychosis would be highly improbable. Crime takes coordination, strength and skill that insanity would obviate. As an informed person, you know that there are several types of psychosis. We have been talking about the schizoid personality. Both the schizoid and schizophrenic have split personalities in that the victim will evidence at least two widely disparate personalities at separate times.
The schizophrenic will always hallucinate, whereas the schizoid will not. The schizophrenic is a social cripple when he is psychotic, he needs some sort of supervision, the schizoid does not. In the case of schizophrenia if only one parent has the problem, fifteen percent of the children will inherit it. If both parents are schizophrenic, thirty percent of the children will have the problem.
The Schizoid and the Schizophrenic
In brief the personality of the schizoid man, or antisocial man, encompasses the following features: stealing, picking pockets, promiscuity, rape, murder, search for power, and pathological lying. Pathological lying is the case where the person lies when he doesn't have to.
The Schizoid Woman
Poverty and Crime
Because of his desire for power, the most frequent alternative to the criminal life is the ministry and the bureaucracy.
THE ANTISOCIAL PERSON
The antisocial person has autonomy. He is limited to the less violent crimes of burglury, pick-pocketing, car theft, embezzlement, and such. He chooses when he will commit a crime. In most all his off hours he is planning his next "caper". During the day, he will plan thirty to forty, and select the most feasible. He uses many aliases. He knows that most of his crimes will go unsolved. Many will not even be reported. He knows that from his actions alone the police will be overwhelmed with cases to investigate, and that in a large city with several hundred people like himself active at the same time that the crime load is tremendous. He is conscious and selective of what he is doing. He is hyperactive, possessing tremendous energy , moving constantly and quickly from place to place. He is knowledgeable of right and wrong, but thinks of everything with respect to himself alone. He craves power and dominance. Four things are constantly on his mind: robbery, assault, sex and power. Rape encompasses all four.
An antisocial criminal usually takes up residence in a large metropolitan area. A small town where he would soon be known is inimical to his needs. He may on occasions leave the site of his operations, especially, if he is "hot". Curiously, he feels very strange in another city. His carefully planned escape routes and familiar hideouts have all been left behind. Probably, for that reason he almost invariably returns to his home city to take up residence in a different slum area. They very often use abandoned buildings to which they gain entrance by approaching them through a labyrinth and concealed doors.
He can be married and have children, but he is a poor husband and father. His wife eventually sees him as a profligate, philanderer, prevaricator, braggart, and alcoholic, who is an exacting perfectionist, and extremely sensitive to a put-down. He is always glib and self-deluding. Regardless of the frequency and variety of sex, he feels sexually inadequate. He wants children, but is an inadequate father, demanding instant obedience.
Because he feels sexually inadequate, he has a tendency to seek females without experience. A virgin is particularly gratifying because she has had no other experience with which to compare. Sometimes this criminal will seek out a child to seduce for the feeling of total control and power..
The "Stranger Wife"
I knew the wife but briefly. She "hated" doctors. Actually, she was afraid of them and often put off going to them with ailments that needed early treatment. I also knew her parents and had noted her hazel eyes and their clear blue eyes. Such a combination is genetically impossible under normal conditions of a faithful marriage. I do not know whether her father knew that she was not his daughter.
The patient was an accountant and frequently brought home a portfolio to work on at home. During such evenings the wife frequently went out with a "girl friend". Sometimes they went to a "show" together. At times they took a table in a local bar and "talked". A few years previous she had bleached her hair. This always signified to me a change in a woman's personality.
Her husband said she was a terrific housekeeper. He often described how she could begin in the attic at eight in the morning and clean the house to a spic and span condition be ten in the morning. Her children were neatly dressed in clothes she sewed herself. She was a barrel of energy. She liked to drink, and frequently became drunk to the husband's annoyance. She dominated the family. He gave her all his pay check, and she paid all the bills. They had no savings account. She bought expensive gadgets to decorate the home whenever they had a little money ahead. Quite frequently she ran up a large account on a credit card, and that was about the only thing that he found fault with. When they "fought", she had a loud voice that the neighbors could hear. She was very "picky" and blamed him for everything that went wrong.
I listened to him for an hour, and finally said: "The only thing you haven't told me about is her shoplifting." His jaw dropped and said that she had been arrested once for that, but since she cried and made much of her pregnancy at the time she weaseled her way out of it. He wanted to know if I some how knew of that from another source. I explained to him that it was part of a syndrome, and that with the other things he had told me that it was expected.
She had three beautiful children. All were good kids and capable in school. None had any history of ever stealing. Both her "legal" parents were fine people, but we know nothing about the music teacher, except that he very probably seduced his pupil.
I explained to my patient that the condition was hereditary, but that he heed not worry about his children because it was only heritable through the father.
Details and evidence of this schizoid personality fills volumes. The evidence that the condition is hereditary cannot be denied except under the most liberal attitudes with a miraculous factor.
Understanding of the antisocial personality can only be appreciated through an understanding of evolution. It is an evolutionary reversion to a pre-human condition. The tiger is a good example of its persistence to this day. The tiger is non-social. It does not form prides as does the lion. The expression: "Only one tiger to a hill" covers the situation. When the individual human inherits the same qualities, we see the antisocial personality. The throw-back is never a perfect copy of the original. It is built on a different foundation. There are many examples of Nature's experiments in this field. The reversion of the mammal back to the sea as a seal and a whale is an outstanding example. They are fish like, but they still depend on breathing air. So it is with the schizoids. They are throwbacks but with a difference. It is Nature's way of re-exploring a primitive mode. If the re-explored mode is fit, it persists.
The Literate Barbarian Criminals
It has been argued that society really needs these criminals. They provide such age-old services as smuggling, prostitution, kidnapping, murder for hire, and sundry other things that civilization seems to require. Sometimes it seems impossible to imagine a society without those features. Where would fictional detective stories be without them? Where would a dissatisfied husband find sexual gratification? Where would a barbarian father take his son to learn about sex?
The Steward
It has been implied that the steward needs no law enforcing agencies to supervise his activities. If he is informed and sees the reason behind the law, he will abide by it. A long-term solution of crime and many other problems is the evolutionary progression of mankind toward such a level of development. This has already occurred naturally through sexual mate selection and the early demise of bad guys, to a great extent.
However in the courtroom and prisons, Man has superseded Nature in the control of his destiny. In many instances man seems to be working against Nature: violating many of Nature's laws.
Conjugal Visits
Jails
Criminal Burn Out
CRIMINAL LAW
For six thousand years criminal law has been the logic of relating crime to punishment. Criminal law was first codified by literate barbarians, and naturally, it was literally barbaric. However, as we became acquainted with the apparent results, we wondered about the effectiveness with our more civilized methods. Civilization is logically equated with restraint. With the treatment of criminals restraint defeats the purpose.
Capitol Punishment and Evolution
Where this was done consistently, the schizoid personality became a rarity. This has been noted by some who have studied the Chinese and Japanese criminals with this in mind. In some instances this was made even more consistent in ancient civilizations in that when a criminal was convicted of a felony, his whole family was hunted down and executed. This was particularly true when the felon was a traitor. This stemmed from the idea that if one person in a family were found to be disloyal it was assumed that the rest of the family approved.
Unknowingly, and without understanding, this was a most effective treatment of a hereditary condition. Logically, it was unjust, because they were punishing people for things they did not do. At one time, in the eastern world, all thieves were crucified. Somehow, this was not found to be logical and just. The pain and suffering was not commensurable with the deed. Logically, such severe punishment hardened the criminal and during a crime he tended to kill all possible witnesses to avoid being convicted.
The Jury System
The way the jury system is operated causes some built in weaknesses. A primitive jury will not convict a primitive for doing a primitive thing. A barbarian jury will not convict a barbarian for a barbarism. Logically, a jury of physicians will not convict a physician. Yet, if a physician is to have a jury of his peers, a jury of physicians only would qualify. The law says that a man should have a jury of his peers, but it does not extend to the professionals. Among physicians particularly, juries have convicted where there is no justification. Discussing medical problems is apt to be over the head of most jurors.
The Chilling OB Story
Unfortunately, the judge was also anti-physician in his attitude. He commended the jury on their decision and bawled out the doctor. This judgment undermined the confidence of other patients of the doctor. It caused a domino effect and another suit was brought against her right after that. The same year she was recognized as the "The Woman Doctor of the Year" award for her contributions to the Science of medicine and surgery.
Flawed to Perfection
Under the present system of laws, initiated by lawyers, a convicted criminal with no money using public defenders can milk a society of extravagant legal fees by endless appeals.
The judiciary, as it now exists, is in the grip of dialectic materialism. Judges proclaim that the system protects the innocent from improper incarceration. In contrast it certainly does not protect the innocent from more attacks, and it certainly protects the criminal from justifiable imprisonment.
REFORMING PROCEDURES
It should be against the law for a lawyer to knowingly defend a guilty person. His job should be to be sure that all the proper steps of the law be taken. If, say the criminal has confessed to a crime, but the defending lawyer feels that the person is trying to take the rap for another person, he should state his feeling and go on to try to show this flaw. If he knowingly should try to get off a guilty person, he should be barred from the practice of law, and be liable himself.
Police officers and detectives should be compensated for bringing in live criminals: A bounty system. From the bounty should be subtracted set amounts for improper procedures, but the case should not be thrown out of court because of them.
Once a person is convicted by the jury system for a felony or worse, the case should be reviewed by professionals, people who have an experienced appreciation of evidence. With modern Scientific methods the criminal should lose all rights concerning self-incrimination. That law was written when the only alternative was to beat the "truth" out of the suspect. The criminal should be protected by law from all forms of torture and blackmail. He should be subjected to a lie detector, and it should go on the record if he refuses. The lie detector should not be relied on for emotional responses alone. It should be used to find missing evidence concerning the present crime being considered, and other crimes of which the person is not suspected. It is very helpful if it turns up that the suspect has killed other victims.
All procedures should be to identify types of criminals and not necessarily to solve crimes. It could be quite possible to identify a criminal without knowing any of his crimes.
Once past the jury, a criminal psychologist should be assigned to every case. His job should be to determine if the evidence is adequately thorough and without technical errors. The criminal should be put on the polygraph and schizoid qualities could be investigated. Does he feel sexually inadequate? Does he react unduly to a put-down? Is he monoistic? Is he an alcoholic and/or hooked on other drugs? Is he a profligate and a philanderer? How does the criminal feel about other types of crimes? It should be remembered that robbery, assault, and rape go together.
The criminal's family background should be reviewed. Are there other schizoids? Are there alcoholics and drug addicts (Not simply drug users)? The incidence of alcoholism is unusually high in such families. Did he fraternize with criminals, and prostitutes? Does he know the personnel of known fences? Do his quarters give any evidence like caches of stolen goods and souvenirs of rapes and muggings such as newspaper clippings? All possible sources of evidence should be looked into to solidify the identification of type. It is quite possible that if the person is innocent of the crime of which he is accused, he may yet be a criminal that needs to be held.
If there is a mistake, the person should be compensated for his time and inconvenience. If the case is considered proven, it should be reviewed by a second team, and finally a panel of judges. It should be at this time that the bounties for the police officers should be paid.
Once a criminal is identified as heritable, he should be immediately sterilized. If he has caused the death of a good and innocent person, his tissues should be typed and his life forfeited to sustain the life of needy good people by supplying necessary organs such as hearts, kidneys, bone marrow, bones, corneas, and maybe pituitaries: Whatever is needed.
A frequent question is: Who should decide? Well, we make such decisions every day. Doctors make decisions to cut organs out of patients, some of them reproductive organs. We have to trust responsible, educated and experienced judges and doctors to make the right decisions even if the decision must be made without knowledge of the criminals name.
As it is, it is the criminal who is making the decisions. He will decide on the sidewalk to instantly cut out the heart of an innocent person, or blow out his brains in a dirty back room. People have a curious attitude about the acts of multiple criminals as against a single improbable wrongful accusation. In other words people would rather see a criminal have his way with many crimes rather that make a single mistake of a wrongful accusation. With repeated checks and balances we can be quite confident of professional judgments.
Appropriate Actions
Lesser criminals should be put to work in prison factories the proceeds of which would go to support the prison system. They could make materials used by the government: printed forms, license plates, bed frames for prisons and military barracks, trash cans, wastepaper baskets, etc..
It should be the responsibility of the judiciary system to keep good records of the young and old, convicted and nonconvicted for purposes of study. Now, under the mistaken idea that the young, under eighteen, should not be held responsible for their actions, all their records are destroyed.
At this time we must go to such places as Denmark for records to study. Unfortunately, Denmark is such a small place that there are not enough records to make a good showing of data for some types of criminals.
There are other types of hereditary criminals. The paranoid schizophrenic can suddenly go berserk and kill many good and innocent people. These are the most dangerous type of criminal in that one never knows when their condition will reoccur in themselves and their off-spring. So far, these seem to be the only criminals who kill and maim while they are insane. Once identified, they should be sterilized and never let go free.
The lives of prison guards and officers should be respected. Dangerous insane criminals should not ever be kept alive for more than a reasonable time. Non-dangerous criminals, that is, people who have never been found to have committed an armed robbery, murder, rape, arson, or crippled anyone, could be kept for an appropriate period of time. Some criminals are merely misdirected and do not require long incarceration. This is already recognized in our judicial system.
Such people as pick-pockets, embezzlers, check forgers, some prostitutes, and such are usually non-dangerous and could be safely used indefinitely. Prostitutes are dangerous to society in that they spread venereal diseases. Venereal diseases are sometimes curable in people who will go to a bonafide physician, but they do maim and kill people who will not go to a physician. Anything short of frequent medical exams of every individual involved, both male and female, would be dangerous to society. Such ideas seem impractical.
Since a prostitute usually is the female counterpart of the criminal, they do not exist alone. Where there are prostitutes, there usually are all sorts of other criminals as well. The idea that a prostitute is a good girl on hard times and will make a good wife for anyone who will rescue her is almost pure mythology. Prostitutes are usually painfully bored whenever they are "good", and cannot be counted on for the fidelity that is usually needed for a good marriage.
By now, it must be evident that judges and qualified lawyers should have Scientific backgrounds. A knowledge of evolution and heritable behavior traits would be important. The Science of criminality should especially be known. Superstitious judges should not be allowed.
Summation
In summation, nowhere is it more true than that the criminal judiciary is crippled by dialectic materialism. To diminish crime the judiciary must change its approach to its job. Instead of solving crimes, they should identify criminals. Instead of making the punishment fit the crime, resulting actions should fit the criminal.
It is possible to develop a Scientific approach to this problem. True justice to heal the ills of society cannot be attained in any other way.
The judicial system should be charged with the responsibility for keeping good Scientific records on all levels of criminality. They should be made available to qualified Scientists for study. Scientific conclusions should be implemented in dealing with criminals. When one thinks about it, there really is no other way.