Some people don’t like criminals. Go figure. They read about them in the newspaper, or may even have the occasional personal contact with somebody who commits a crime. The automatic reaction of the “good people” is that the “bad people” are venal miscreants. They are evil. They are very, very bad.
Is there anything wrong with this? Actually, there is. First, it allows us to pigeonhole them as if they were one-dimensional, thus dehumanizing them and allowing us to simply reject their existence. There is nothing worthwhile about them, and hence their death or life imprisonment means nothing. If they do something bad, they had no life beforehand where they loved their children, saved a cat in a tree, heck, saved a tree. The entirety of their being is that one bad act. Who needs genes like that in the pool?
Thanks to a very smart fellow (despite his occupation), Jim Chen over at Moneylaw, I’ve got some new tools to think about the people who do bad things. In my experience, most guilty defendants aren’t really evil. Being in a position to get to know them and understand how and why they did what they did, I know what I’m talking about. Consider these two fundamental rules:
Is there anything wrong with this? Actually, there is. First, it allows us to pigeonhole them as if they were one-dimensional, thus dehumanizing them and allowing us to simply reject their existence. There is nothing worthwhile about them, and hence their death or life imprisonment means nothing. If they do something bad, they had no life beforehand where they loved their children, saved a cat in a tree, heck, saved a tree. The entirety of their being is that one bad act. Who needs genes like that in the pool?
Thanks to a very smart fellow (despite his occupation), Jim Chen over at Moneylaw, I’ve got some new tools to think about the people who do bad things. In my experience, most guilty defendants aren’t really evil. Being in a position to get to know them and understand how and why they did what they did, I know what I’m talking about. Consider these two fundamental rules:
Hanlon’s razor. This folk aphorism reminds us: Never attribute to malice that which can be adequately explained by stupidity.
Clark’s Law : incompetence, if sufficiently advanced, is indistinguishable from malice.
Most guilty defendants are just stupid. They acted on dumb impulse, and can’t possibly give a rational explanation of why they did what they did or what contemplative process led them to think it was good idea at the time. Frequently, this is a product of an unbelievably bad education or the inability to think beyond their nose. Usually, there is a huge cultural component that those of us who had a more typical American upbringing can’t possibly appreciate or accept as being a justification for their stupidity.
Over my 25 years in criminal defense, I have been astounded over and over listening to my clients explain to me what happened. It sometimes feels like being in an alternate universe, where reason and conceptual understanding don’t exist. Some of the stories have me rolling on the floor laughing, they are just so ridiculous. But they are very real to my clients. It’s their alternate universe, whether I like it or not.
Sure, there are some who are truly malicious. There are some who have no excuse, having been given every advantage and opportunity to enjoy the fruits of society without bringing harm to others. But they are the minority.
The majority of people who get to wear the title of criminal are really pretty sad, pathetic figures. Pity them all you want. For many, a little jail is an opportunity to gain a different vision of their place in society, and an opportunity to learn a trade or get a GED. Maybe a chance to dry out, which they will never be able to do on the street. I would like to add rehabilitation, but that just doesn’t happen in real life.
But don’t hate them. There but for the grace of decent parents and a viable education system go you. We all have the potential to be truly stupid. It doesn’t make us bad people.
Most guilty defendants are just stupid. They acted on dumb impulse, and can’t possibly give a rational explanation of why they did what they did or what contemplative process led them to think it was good idea at the time. Frequently, this is a product of an unbelievably bad education or the inability to think beyond their nose. Usually, there is a huge cultural component that those of us who had a more typical American upbringing can’t possibly appreciate or accept as being a justification for their stupidity.
Over my 25 years in criminal defense, I have been astounded over and over listening to my clients explain to me what happened. It sometimes feels like being in an alternate universe, where reason and conceptual understanding don’t exist. Some of the stories have me rolling on the floor laughing, they are just so ridiculous. But they are very real to my clients. It’s their alternate universe, whether I like it or not.
Sure, there are some who are truly malicious. There are some who have no excuse, having been given every advantage and opportunity to enjoy the fruits of society without bringing harm to others. But they are the minority.
The majority of people who get to wear the title of criminal are really pretty sad, pathetic figures. Pity them all you want. For many, a little jail is an opportunity to gain a different vision of their place in society, and an opportunity to learn a trade or get a GED. Maybe a chance to dry out, which they will never be able to do on the street. I would like to add rehabilitation, but that just doesn’t happen in real life.
But don’t hate them. There but for the grace of decent parents and a viable education system go you. We all have the potential to be truly stupid. It doesn’t make us bad people.
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Well said… I’ve worked with criminals as an RN, and you not only hit the nail on the head about most of them, but put it in a way that really makes you stop and think.
Thanks Lindsay. You have to be there to appreciate the truth of this.
Great post!
I was struck particularly by your second paragraph – your point about our collective tendency to demonize others can be applied to a broader section of the population than simply criminal defendants.
To the extent that we can avoid demonizing others, and instead see them for more than just their flaws and mistakes – whether they’re criminal defendants, roommates, mothers-in-law, bosses, or Britney Spears – we will all benefit.
Thanks, OS.
A wise man once told me, “Don’t use all your words up at one time. Save a few for a rainy day.”
http://blog.simplejustice.us/2007/11/16/criminal-law-or-law-at-all.aspx#comment-662849
Scott – this was supposed to be a reply to your comment, above. (“Thanks, OS.”) Sorry.