On vengeance and Ahmed Saadawi’s ‘Frankenstein in Baghdad.’

On vengeance and Ahmed Saadawi’s ‘Frankenstein in Baghdad.’

We are composite creatures, the edifice of our minds perched atop accumulated strata of a lifetime of memories.  Most people, I imagine, have done wrong; remembrance of our lapses is part of who we are.  And most of us have been hurt; those grievances also shape our identities.

We struggle to be good, despite having been born into an amoral universe and then subjected to innumerable slights or traumas as we aged.

Goodness is a nebulous concept, however.  There’s no external metric that indicates what we should do.  For instance: if we are subject to an injustice, is it better to forgive or to punish the transgressor?

There are compelling arguments for both sides, and for each position you could base your reasoning on philosophy, psychology, physiology, evolutionary biology …

Intellect and reasoning can’t identify what we should do.

A wide variety of cooperative species will swiftly and severely punish transgressions in order to maintain social order.  Misbehavior among naked mole rats is generally resolved through bullying and violence, which ensures the colony does not lapse into decadence.  (As with humans, shared adversity like hunger generally compels threat-free cooperation.)

Archaeologists suggest that the belief in vengeful gods was coupled to the development of complex human societies.  The Code of Hammurabi prescribed immediate, brutal retribution for almost any misdeed.

The compulsion to punish people who have hurt us arises from deep within our brains.

But punishment invites further punishment.  Every act of revenge can lead to yet another act of revenge – the Hatfield and McCoy families carried on their feud for nearly thirty years.

Punishment is fueled by anger, and anger poisons our bodies.  On a purely physiological level, forgiving others allows us to heal.  The psychological benefits seem to be even more pronounced.

But forgiveness is hard.  Sometimes people do terrible things.  After her mother was killed, my spouse had to spend her entire afternoon prep period on the phone with a family member and the prosecutor, convincing them not to seek the death penalty.

The attack had been recorded by security cameras.  Apparently it was horrifying to watch.  The assailant’s defense lawyer stated publicly that it was “the most provable murder case I have ever seen.

And incidents in which dark-skinned men hurt white women are precisely those for which prosecutors typically seek the death penalty; after my mother-in-law’s death, the only national news sites that wrote about the case were run by far-right white supremacists trying to incite more hatred and violence toward innocent black people.  (I’m including no links to these, obviously.)

At the time, I was working on a series of poems about teaching in jail. 

Correction (pt. ii)

My wife’s mother was murdered Saturday –

outside at four a.m., scattering birdseed,

smoking a cigarette, shucking schizophrenic

nothings into the unlistening air.

Then a passing man tossed off a punch,

knocking her to the ground.

He stomped upon her skull

till there was no more her

within that battered brain.

Doctors intubated the corpse &

kept it oxygenated by machine,

monitoring each blip of needless heart

for days

until my wife convinced

a charitable neurologist

to let the mindless body rest.

That same afternoon

I taught another class in jail

for men who hurt someone else’s mother,

daughter, or son.

The man who murdered,

privacy-less New York inmate #14A4438

with black hair & brown eyes,

had been to prison twice,

in 2002 & 2014,

caught each time

with paltry grams of crack cocaine.

Our man received a massive dose

of state-sponsored therapy:

nine years of penitence.

Nearly a decade of correction.

Does Victor Frankenstein share the blame

for the murders of his creation,

the man he quicked but did not love?

Or can we walk into a maternity ward

and point:

that one, nursing now, will be a beast.

Are monsters born or made?

My mother-in-law is dead, & our man is inside again,

apprehended after “spontaneous utterances,”

covered in blood, photographed with

a bandage between his eyes.

And we, in our mercy,

will choose whether

our creation

deserves

to die.

#

Victor Frankenstein becoming disgusted at his creation. Fronts-piece to the 1831 edition.

I have always stood firmly on the side of Frankenstein’s creation.  Yes, he began to kill, but misanthropy was thrust upon him.  The creature was ethical and kind at first, but the rest of the world ruthlessly mistreated him.  Victor Frankenstein abandoned him in the laboratory; he befriended a blind man, but then the man’s children chased him away.

Victor Frankenstein’s fiancée did not deserve to be strangled – except insofar as we share blame for the crimes of those we love – but I understand the wellspring of the creature’s rage.

In Ahmed Saadawi’s Frankenstein in Baghdad, a junk dealer’s attempt to honor the anonymous victims of Iraq’s many bombings gives rise to a spirit of vengeance.  The junk dealer acts upon a grisly idea – most victims could not receive proper funerals because their bodies were scattered or incinerated by the blasts.  But what if many stray pieces were collected?  An charred arm from Tuesday’s explosion; a ribcage and lower jawbone from Wednesday’s; two different victims’ legs from Thursday’s.  The city is so wracked by violence that there are plenty of body parts to choose from.  And then the junk dealer could take his creation to the police and say, Look!  Here is a body, victim of the attacks.  Here is a dead man we can honor properly.

In truth, the junk dealer’s plan was never terribly well thought out.  Once he completes the corpse, he realizes that using his creation as a locus for lamentation would be no better than all the empty coffins.

And then the corpse springs to life, seeking vengeance on any and all who wronged its component parts.  In the creature’s words (as translated by Jonathan Wright):

“My list of people to seek revenge on grew longer as my old body parts fell off and my assistants added parts from my new victims, until one night I realized that under these circumstances I would face an open-ended list of targets that would never end.

“Time was my enemy, because there was never enough of it to accomplish my mission, and I started hoping that the killing in the streets would stop, cutting off my supply of victims and allowing me to melt away.

“But the killing had only begun.  At least that’s how it seemed from the balconies in the building I was living in, as dead bodies littered the streets like rubbish.”

Soon, the creature realizes that the people he attacks are no different from the dead victims that he is composed of.  He can chase after the terrorist organizations that orchestrate suicide bombings, but the people in those organizations are also seeking revenge for their dead allies.  The chain of causality is so tangled that no one is clearly responsible.

Car bombing in Baghdad. Image from Wikimedia.

United States forces have been inadvertently killing innocent civilians ever since invading Iraq … an attack that was launched in retribution for the actions of a small group of Afghani terrorists.

Some people thought that this sounded reasonable at the time.

To seek vengeance, we need someone to blame.  But who should I blame for my mother-in-law’s death?  The man who assaulted her?  That’s certainly the conclusion that the white supremacist news sites want me to reach.  But I sincerely doubt that this poor man would have hurt her if a prosecutor hadn’t ripped him from his friends and family, condemning him to ten years within the nightmarish violence of America’s prisons, all for participating in a small-scale version of the exact same economic transaction that allowed Merck to become a $160-billion-dollar valued company.

Do I blame the racist white legislators who imposed such draconian punishments on the possession of the pure amine form of cocaine, all while celebrating their pale-skinned buddies who snerked up the hydrochloride salt form?

Do I blame myself?  As a citizen of this country – a wealthy citizen, no less, showered with un-earned privilege – I am complicit in the misfortunes that my nation imposes on others.  Even when I loathe the way this nation acts, by benefiting from its sins, I too share responsibility.

I have inherited privilege … which means that I also deserve to inherit blame, even for horrors perpetrated well before I was born.

Forgiveness is hard, but revenge would send us chasing an endless cycle of complicity.  The creature in Frankenstein in Baghdad is flummoxed:

In his mind he still had a long list of the people he was supposed to kill, and as fast as the list shrank it was replenished with new names, making avenging these lives an endless task.  Or maybe he would wake up one day to discover that there was no one left to kill, because the criminals and the victims were entangled in a way that was more complicated than ever before.

“There are no innocents who are completely innocent or criminals who are completely criminal.”  This sentence drilled its way into his head like a bullet out of the blue.  He stood in the middle of the street and looked up at the sky, waiting for the final moment when he would disintegrate into his original components.  This was the realization that would undermine his mission – because every criminal he had killed was also a victim.  The victim proportion in some of them might even be higher than the criminal proportion, so he might inadvertently be made up of the most innocent parts of the criminals’ bodies.

“There are no innocents who are completely innocent or criminals who are completely criminal.”

Header image: an illustration of Frankenstein at work in his laboratory.

On loneliness.

On loneliness.

Most laboratory animals live in bleak environs.  With mice, each cage typically contains a single animal.  There is bedding, food, and water.  There is very little space.

A lab mouse will be illuminated for many hours each day – sometimes twenty-four, sometimes slightly fewer – by fluorescent lights.  It will hear the constant thrum of ventilation fans and refrigerator compressors.  At least once a week, an apex predator – wafting stress-inducing smells, especially if it’s male – will reach into its home and grab it.

Chances are, it will see other mice.  A rotating cadre will fill adjacent cages during its tenure in the lab.  They will never touch.

Our cruelty makes for bad science, too.

When social animals are stored in isolation, their bodies and brains decay.  Neuron growth slows, which impedes learning.  Lifespan is curtailed.  Obesity rates increase.

Lab_animal_careIf we stop mistreating laboratory animals, though, new research might be inconsistent with past results.  When describing mice, scientists don’t say that deprivation stunts brain development.  Instead we write things like, “If a lab is studying the impact of stress on the growth of new neurons, for example, and then it lets mice exercise on a running wheel – which has been shown to spark neuron growth – the study could be jeopardized” (from David Grimm’s recent news article for Science magazine).

4117496025_8024f879d6_zWe give ourselves a very skewed view of neurology if we let ourselves think that a creature’s normal habits are stimulating neuron growth, rather than admitting that deprivation stops it.  For decades, most researchers thought that neuron growth ceased in adults.  Even in the 2005 paper demonstrating structural plasticity, the authors wrote that “such changes are only seen in response to external perturbation,” because brain development is sluggish in lab mice housed in normal conditions, i.e. those little cages.

Of course, some scientists do care about the well-being of their furry test tubes.  For instance, biologist Daniel Weary, who told Grimm “Our dream is that our animals live a better life with us than if they had never been born.”  Animals in Weary’s lab get to touch actual dirt.

Maybe not the highest bar, but the lives of most animals on our planet are worse than if they’d never been born.

Vivek_Murthy_nomination_hearing_February_4,_2014Most social animals – like mice, rabbits, and humans – aren’t going to be very happy when they’re housed in isolation.  Former U.S. Surgeon General Vivek Murthy considers loneliness to be a public health crisis, leading to health risks as bad as smoking or obesity.

Unfortunately, most biomedical research is done with research animals amongst whom pervasive loneliness is standard.  And our political system gives outsize influence to wealthy corporations that earn more money when people feel lonely.

We shunt humans into jail when we feel that their behaviors are unacceptable for the world at large.  Incarceration sends a message: don’t beat your family; don’t steal; don’t sell drugs; don’t take drugs; don’t be late for an appointment with your parole officer; don’t be too poor to pay your court fees.  To my mind, some of these offenses are worse than others.

The hope is that either the threat of incarceration deters people from these things, or that the experience of being incarceration cures them of the inclination.  (Or a third rationale – that seeing offenders punished will pacify others’ sense of fairness – which seems to encourage the evolution of cooperation, but, like many other evolved behaviors, seems unnecessarily vicious for the modern world.)

We’ve known for years that punishment doesn’t work well as a criminal deterrent.  And the experience of incarceration seems to make most people worse, not better.

Instead, we’re imposing loneliness on people who most need the help of friends and neighbors to turn their lives around.  Somebody screws up?  We store that person like a lab mouse.

10490113913_e3a697bdca_zI was recently chatting with somebody who’s done nine months so far for a parole violation – and is still waiting for his court date, which keeps being rescheduled.  (He’s already told the judge that he’ll plead guilty, and the prosecutor wanted to send him to rehab, but his PO nixed the deal.)

“It’s a lot better now, in J block.  Everybody said, you don’t wanna move from A block, you’ll get no bingo, you’ll get no … I don’t care about any of that.  We can look out the window, see people walking on the street.

“I spent almost an hour, the other day, watching this leaf blowing back and forth in the wind.  I was staring, thinking I’d say to the judge, ‘you can pile on whatever other charges you want, I’ll still plead guilty, I’ll plead guilty to all of it if you just let me out there to look at that leaf blowing around up close.  Just five minutes, just lemme see something!

“In D block, that was the worst.  All we could see was the parking garage.  On weekends, we’d see nothing, not even cars.  So I was starting fights every day.  I’d be like, hey, turn the TV to, I don’t know, some channel I don’t even like, just so I can start something with somebody.  Cause a fight would at least be something to do.”

John-Michael Bloomquist’s poem “The Prodigal’s Return,” about teaching poetry in jail, ends:

                                      Each day that I visit

the jail full of men, who hug me the way

their families cannot, write poems about childhoods

I couldn’t imagine, I feel the love of my father.

After nine months inside – un-touched, un-hugged, un-loved, under-slept – perhaps our man will finally be released.  Surely his time there will have cured him of his addiction!

On sexuality: dolphins.

On sexuality: dolphins.

Dolphins, like humans, fool around throughout the year.  But dolphins, unlike humans, can conceive only during certain seasons.

(After writing the preceding sentence, I wanted to mention which seasons.  I typed “when can dolphins conceive” into my search bar.  The top hit was a website called Can Male Dolphins Get Pregnant, with the blurb “There will be nothing you can do about it but pray.”  I clicked the link.  The page instantly re-directed to a website called Trusted Health Tips featuring a “new groundbreaking online video that reveals how to get pregnant,” alongside the disclaimer that “pharmaceutical and fertility companies have requested the government to ban” the video, since it would clearly destroy their businesses.  Our generation is the first to have all the world’s knowledge at our fingertips!  We are like gods, are we not?)

dolphin-marine-mammals-water-sea-64219.jpeg

Dolphins, like humans, are attracted to a wide range of sexual partners.  Pairs or trios of males form long-term strategic alliances, and they will engage in “psuedo-sexual” behavior with their allies.  Presumably one or both of the participants finds these activities pleasurable.  They’ll tumble with females, and males, and humans, too.

As best we know, dolphins hold no negative stereotypes against those who pursue consensual pleasure, no matter what form it takes.

I’ve felt surprised, when discussing sexuality in jail, that so many men who’ve spent time in prison still use starkly binary terminology.  I’ve never heard anyone use the word “bisexual” in jail.  Instead I’ve heard things like, “I’ve got nothing against people who want to be gay.  It’s not for me, but I’ve got nothing against it.  What gets me is when people who I know are gay, who I saw be gay inside, they get out and want me to back up their lies that they’re not.  I’m like, excuse me, I know you’re gay, so how can you ask me to tell somebody that you’re not?”

Grande_Ludovisi_Altemps_Inv8574.jpgAt another class, we discussed human sexuality throughout history.  Physical affection was encouraged among the troops of ancient Rome, with the idea that a soldier might fight more fervently to protect his lover than his country.  Japanese samurai were considered unrefined if they didn’t savor the occasional dalliance with another male.  (I refrain from describing the samurai’s encounters as “sexual,” because many were not consensual by contemporary standards – the objects of their desire were often too young.)

In many cultures, if someone was so persnickety that he had sex exclusively with women, despite spending long periods of time surrounded only by other men, he’d be seen as deviant.

One of the guys interjected, “Yeah, but what they were doing wasn’t, you know, cause I heard you’re only gay if your testicles touch.”

This was immediately disputed.  “No way – there’s positions with two guys and a girl where your testicles touch, and I know for a fact that don’t make you gay.”

My co-teacher and I sighed.  We’re both long-haired, relatively effeminate men, typically dressed in some measure of women’s clothing – every pair of pants I own comes from either the Indiana University dumpsters or the women’s department of Goodwill, and the same is true of most of my co-teacher’s jackets.

But my co-teacher and I live in a world where ambiguity is safer.  The way we punish people in this country carves away the nuances of people’s personalities – immersed in violence, they’ll need friends, but people are shuffled so often that there’s little time to build friendships.  They make do with communal identity instead.

When people were talking over a young black man as he read a poem, they were shushed by a convicted murderer covered in Aryan Brotherhood tattoos.  The tattooed man never seemed particularly racist.  He was very well read, and often mentioned things he’d learned from reading The Quran or Confucius.  But he was socially a white supremacist.  A pragmatic choice for a dude who’d spent eighteen years in prison.  At cafeterias under AB control, he’d get to eat.

Likewise, no matter who men fool around with, most choose to identify as socially heterosexual while they’re inside.

Morgan-Freeman(A lovely quote from Morgan Freeman that I first saw as an epigram in CAConrad’s While Standing in Line for Death: “I hate the word homophobia.  It’s not a phobia.  You are not scared.  You are an asshole.”)

Our world didn’t have to turn out this way.

In the poem “Gilgamesh,” Spencer Reece documents the slow crumbling of an affair – the poet fell in love with a man who desires only the young.  As Spencer ages, the romance fades.  This man wants only to recapture the love that was denied to him in youth.

This instability is tragically common – Spencer’s paramour was raised in a culture that considered all sexual desire to be sinful, and homosexual desire especially so.  Even outside prison walls, we consider certain ambiguities too fraught to tolerate:

          Fragments, clay cylinders, tablets, parchment –

to write Genesis, they say, the writers

searched their neighborhood,

found all kinds of things, including

the epic about Gilgamesh, much of it damaged,

regarding the man who saw into the deep.

 

          Somehow, the part

about Gilgamesh and Enkidu

in love

got lost.

What a different world we’d have if our sacred books taught that love was love was love.  People could comfortably be all of themselves.

41tsPGUSiCL._SX332_BO1,204,203,200_In his poem “Dolphin” from An Aquarium, Jeffrey Yang writes that

The Greeks thought dolphins

were once men.  The Chinese

river dolphin was a goddess.

Scientists tell us that if we

rearrange a few of our genes,

we’d become dolphins.  Wouldn’t

that be real progress!

2dolphins.jpeg

On wasted ingenuity.

On wasted ingenuity.

You should read Demetrius Cunningham’s essay about learning to play the piano in prison.  He describes taping together flaps of cardboard trash and training his fingers by pressing the places where a piano’s keys would be.  It’s a beautiful piece of writing.

cunningham.JPG

And it hurts to consider what Cunningham might accomplish if he had access to more resources.

He’s not alone in striving to apply his intellect within a situation where most of his effort is – from the perspective of our modern world – simply wasted.  It’s incredible that he devised a system for learning to play piano with only cardboard at his disposal.  But we live in a world with such cheap plastics and electronics that perfectly functional keyboards can be purchased for three dollars or less at most pawn shops and thrift stores.

But Cunningham, in prison, is not allowed a three-dollar children’s toy.  He studies with cardboard.

Which is not to say that our world should be without punishment.  Those who murder need time away from society.  People should be kept safe from harm.  But I find it inconceivable that the best way to help someone who has murdered become a kinder, gentler, wiser human would be to lock him inside a world of violence, mistrust, and cement.

K’s mother, too, was murdered recently.  In her case, the man who murdered her had previously been held in New York prisons for some nine years on nonviolent drug charges.  The time he served in prison surely affected him.  Based on what little I know about life inside, that time probably affected him adversely.

So I’d argue that the state of New York’s efforts at “correction” contributed to K’s mother’s murder.  Would that man have killed her had we not shunted him into prison for nine years?  And, what of the childhood that led to his drug convictions in the first place?  Did we devote the resources necessary to ensure that he felt safe and loved as a child?  Did he have the opportunity to build a life around respected, well-compensated work?

Did Cunningham?

In my poetry classes, only one participant (that I know of) has served time for murder – in his case, 20 years thus far of a 50-year sentence.  He is an excellent writer, and very well-read, but, until our class, every time he wrote a poem or story he would crumple the pages and throw them away.

Why keep them?  The world had made very clear that no one cared what he might have to say.

Inventions are made over and over again inside: using only those spare materials allotted inside prison, how might men mimic some of the conveniences of the modern world?  In Heather Ann Thompson’s Blood in the Water, a clear-eyed description of the 1971 Attica prison riot and its aftermath, she describes the jury-rigged water heaters many inmates built for their cells.

Or there’s her passage on the amenities:

bloodinthewaterThe men needed money at Attica because the state offered them only a few items gratis.  These included a thin gray coat, two gray work shirts, three pairs of gray pants, one pair of shoes, three pairs of underwear, six pairs of socks, and one comb.  Then, every month, prisoners would receive one bar of soap and one roll of toilet paper, which meant that men were forced to limit themselves “to one sheet per day.”  The state’s food budget allotment was also meager.  At a mere 63 cents per prisoner per day, it was insufficient to meet the minimum dietary standards as determined by federal guidelines.  The reality was that many men at Attica went to bed hungry.  For this reason jobs in the kitchen or the mess hall, while more arduous than others given their seven-day-a-week schedule, were some of the most coveted.  At least on those jobs a man could eat leftovers.

To get anything beyond the supplies given them – warmer clothes, more food, toiletries like toothbrushes, toothpaste, deodorant, shampoo, razors, and extra toilet paper – prisoners needed money.  Being able to buy deodorant was no luxury since these men were allowed only one shower a week and were given only two quarts of water a day.  With this water prisoners were expected to wash their socks and underwear, shave, brush their teeth, and clean the cell to a correction officer’s exacting standards.

Prisoners had to be clever to endure such conditions.  Likewise, it takes more cleverness to survive childhood poverty than is needed for a privileged middle class existence of soccer leagues at birthday parties at Chuck E. Cheese and A’s stamped on the state achievement tests.

But our world doesn’t celebrate the former type of cleverness.  We prize instead earned wealth and good grades.  And yet, think: what if all that ingenuity weren’t wasted?  What if more of our nation’s childhood survivalists and prisonyard Edisons had been given a fair opportunity?

I love capitalism and the chance for people to profit from their discoveries.  But capitalism crumbles without opportunity.  Especially now, with automation at the forefront of technology, a system rewarding past capital ownership will waste more and more human ingenuity.  The class of those born into opportunity will keep shrinking.

Of course, those privileged few – armed with their intentional misunderstandings of economics and technology – will argue otherwise.  That’s how we got here in the first place.

On punishment as criminal deterrent.

On punishment as criminal deterrent.

crimeLike a lot of people interested in prison reform, I am skeptical of the idea that draconian punishments are good crime deterrents.

The basic logic behind the belief in crime deterrence is totally sensible.  If people are rational, they’re probably weighing the costs and benefits of their actions before making any decision.  If you’re considering whether to go to college, you’d consider the tuition bills and your lost wages while you’re sitting in classrooms instead of working and the effort it’d take to pass all your classes, then you’d balance that against increased earning potential and personal satisfaction and whatever else you might hope to gain (incredible beer pong prowess?). 

If you’re considering whether to stab somebody and steal his wallet, you’d consider the risk of being caught, the likely punishment you’ll face, the moral qualms you’ll feel later, and balance that against how much cash you think the dude is carrying.

For that latter calculation, increasing the length of prison terms, and making prisons more miserable places to be in, should make potential criminals less likely to stab & rob people.

All very sensible.  Unfortunately, it doesn’t seem to be true.  There’s some empirical evidence suggesting that it’s false, like similar crime rates in adjacent states with differing severity of punishment, and similar crime rates before and after bills affecting the severity of punishment were passed.  The data suggest that actual criminals simply are not making that sort of risk/benefit calculation.

(For someone else’s take on this, check out p. 11 of this reference from the Federal Judicial Center… from 1994.  And yet only now, over a decade after we realized that mandatory minimums weren’t helping, is there tentative talk from politicians about fixing them.)

paddleAnd there are reasons why we might’ve anticipated that the relationship (the “more punishment = less crime” idea) would not hold.  For one thing, behavioral economists have documented countless ways in which humans are not very rational creatures.  We pay too much for gym memberships.  We eat poorly, even though we know we don’t really want to eat that whole bag of jellybeans tonight (I too spend many evenings roiling in bed, clutching my belly, moaning whhhyyyyy ).  Males routinely underestimate risks and overestimate rewards, especially if there’s money involved, and especially if there’s sex involved.

That’s for the populace as a whole.  None of us are very rational.  It’s probably reasonable to assume that the sort of person whose circumstances are so dire as to make petty crime seem like the only option is even less likely to make accurate, level-headed assessments of risks and rewards.

Furthermore, a lot of criminals act upon the passions of the moment.  Not everyone –hardly anyone, I’d say — who commits murder is like Raskolnikov, plotting out the perfect crime in advance.  If you feel mad, pick up a gun, and shoot someone, there’s hardly time to think about how many years you might spend in prison, or whether or not you’ll receive the death penalty, or even how much remorse you’ll feel ten minutes later.

I attended a class at Bloomington Woodworks recently, and the instructor gave an interesting answer to the question, “If the joiner can do all that in a minute, why were we leveling all those boards by hand?”

He told us, “The machines make your work go faster.  But, if you make a mistake?  They make your mistakes go faster too.  While you’re working by hand, you can stop and check your progress and if something looks wrong, you can fix it.  If you made that mistake on a machine, it’d already be too late.”

firearm-409000_640Violent, impassioned people often kill people with guns.  Yes, they could kill people with knives or hammers or their bare hands, too.  But guns kill people faster.  That’s why the risk of successful suicide skyrockets in homes with guns — the time from a bad thought to being dead is so short.  Similarly, if you get angry and pick up a gun, there’s little time to think.  If you grab somebody by the neck, there’s at least a few extra seconds for the little voice in your head to ask, “Um, dude, what are you doing??”

So I’m skeptical that the absurdly long mandatory minimums in the U.S. actually accomplish anything.  Huge numbers of people in prison should not be there still.  I don’t think anyone whose behavior caused no harm to others should’ve ever been incarcerated.  But, beyond that, a lot of harmful people shouldn’t be in prison still.  Their sentences are often too long, too.

A big problem is our country’s dismal efforts toward rehabilitation.  We put convicted criminals into stressful, violent prisons, let them languish for many years, spend little or nothing on their education or job training… and then don’t want to let them out because they’re still “scary.”

Instead, criminals should be locked away for shorter periods of time, treated better while they’re in prison, and given the training they’ll need to successfully re-enter the outside world.  But few politicians would vote for that.  The problem is, people would argue that curtailing punishment makes crime more attractive.  They’d base their reasoning on that same inaccurate theory that criminals are making cold calculations of the risks and benefits of each illegal act in advance.

As I mentioned, for most crime, that theory doesn’t seem to be true.

And that’s why I was so pleased that Gretchen Morgenson’s recent “Fair Game” column brought my attention to a study documenting a type of crime for which that theory does hold.  Apparently there are some criminals out there who appear to be making nuanced risk / benefit calculations before their misdeeds.

Kedia et al., in their study “Evidence on Contagion in Earnings Management” (which I haven’t had a chance to read, sadly.  It’s still in press, so even though I can read all the fancy academic journals through the local university library, I can’t access it yet), showed a significant inverse correlation between regulatory action and earnings manipulations by others within an industry.  In other words, more punishment = less crime.  Exactly what politicians had been claiming was true for poor people selling drugs or stealing socks or vandalizing alleyways.

handcuffs-257995_640The relationship does not hold in general, but Kedia et al. provided evidence that high-level financial crime can be held in check by the threat of punishment.

In a way, it makes a lot of sense that this would be the case.  Humans aren’t very rational, but I think it’s safe to say that accountants are more rational than the rest of us.  Financial crimes also take a long time and only slowly build enough momentum as to seem irreversible.

If you get mad, pull out a gun, and shoot your spouse, it doesn’t matter how you feel that evening.  Your spouse is dead.  You screwed up.  The end.  But, if you’ve cooked the books?  You could go back the next day and correct the spreadsheet.  You could fix it next week.  You could probably fix it next year.

Many financial crimes require constant renewed commitment to criminal behavior.  Another good example is the — thankfully illegal, unfortunately still common — tendency for lenders to deny mortgages to black borrowers, or charge them much higher interest rates than they charge whites.  If you’re a banker and you turn away a qualified black borrower, well, maybe you can’t call that person up later that day to say, “I’m sorry, I was a racist jerk, I’ve reconsidered.”  But you could very easily approve the loan of the next qualified black borrower.

Criminal lending practices afforded the perpetrators hundreds, sometimes thousands of opportunities to stop breaking the law and instead do the right thing.

So, yes, it seems sensible that for these types of crime, the threat of punishment really would alter how much crime occurs.

Is it time for the sad coda to this essay now? 

For types of crimes that are not deterred by heavy punishment, the U.S. ruthlessly pursues draconian sentences.  But for the sort of financial crime that would be deterred by the threat of serious punishment?  In the U.S., perpetrators are typically let off scott-free.  They’re treated more gently than kindergarteners: they’re often not required to admit they did anything wrong or offer an apology.

(“Associated Bank denies any allegation that it engaged in discriminatory lending on a prohibited basis…”)