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"Violent criminals
"They are emotionally out of control; they are convinced that they are so justified that it isn't even a crime; and/or that they won't get caught, so punishment won't apply. Put more simply, the are so angry, delusional, arrogant, or lacking in moral conscience that they don't care about the punishment".

from Smart on Crime: A Career Prosecutor's Plan to Make Us Safe"

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The criminals who, in the face of contumely, hatred or violence, have led the world to a higher standard and brought humanity to a diviner order, have so loved truth and righteousness as to defy the law, and in every age these men have met the life of outcasts, and the death of felons. Whatever may be said of the necessity of government to protect itself, no one can believe that any human being merits punishment for following his own highest ideal. Punishment can only be in any wise defended upon the theory that the individual is untrue to himself, that his heart is bad. But all schemes of human punishment seem specially contrived to exempt this class of men. Those who are untrue to themselves find no difficulty in obeying the state, or at least in seeming to be subservient to its laws. The cunning man without strong convictions of right and wrong can always find ample room to operate his trade inside the dead line the law lays down. Even Blackstone wrote that a man who governed his conduct solely by the law was neither an honest man nor a good citizen. The penal code cannot pretend to cover all the vicious acts of men. If there is a distinction between vicious acts and righteous acts, each are so numerous that even to catalogue them would be beyond the power of the state.

The ignorant mass looks upon the man who makes a violent protest against our social and economic iniquities as upon a wild beast, a cruel, heartless monster, whose joy it is to destroy life and bathe in blood; or at best, as upon an irresponsible lunatic. Yet nothing is further from the truth. As a matter of fact, those who have studied the character and personality of these men, or who have come in close contact with them, are agreed that it is their super-sensitiveness to the wrong and injustice surrounding them which compels them to pay the toll of our social crimes. The most noted writers and poets, discussing the psychology of political offenders, have paid them the highest tribute. Could anyone assume that these men had advised violence, or even approved of the acts? Certainly not. Theirs was the attitude of the social student, of the man who knows that beyond every violent act there is a vital cause.

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Indeed, what is startling about the notion of a victimless crime is that even when the behavior in question is genuinely victimless, its criminality is still affirmed by those who are eager to punish it. It is in such cases that the true genius lurking behind many of our laws stands revealed. The idea of a victimless crime is nothing more than a judicial reprise of the Christian notion of sin.

What I lack is proof to the contrary, sir. I ain’t seen it yet, in all my years. What do you think makes criminals in the first place?’ ‘Stupidity and greed.’ ‘Besides those? I’ll tell you. It’s looking around, real carefully. It’s seeing what’s really there, and who wins every time, and it’s deciding that despair tastes like shit. It’s deciding to do whatever it takes to sneak through, to win what you can for yourself.

Criminals were people who operated outside social constraint. They were driven by their own dark impulses: mental illness, greed, despair, anger. Weisburd had been taught that the best way to understand why criminals did what they did was to understand who they were. “I call it the Dracula model,” Weisburd said. “There are people and they’re like Dracula. They have to commit crime. It’s a model that says that people are so highly motivated to commit crime, nothing else really matters.” Yet if criminals were like Dracula, driven by an insatiable desire to create mayhem, they should have been roaming throughout the 72nd. The kinds of social conditions that Draculas feed on were everywhere. But the Draculas weren’t everywhere. They were only on particular streets.

In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, and a criminal tribe; but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently, the biggest crimes actually escape being called crimes.

A criminal cannot complain about wrongs done him because one treats him harshly and inhumanely. His offense was an entry into the realm of violence, power and tyranny. There is no restraint and proportion in that realm,
and therefore he should not be surprised at the disproportion of its counter-reaction.

To a man born without conscience, a soul-stricken man must seem ridiculous. To a criminal, honesty is foolish. You must not forget that a monster is only a variation, and that to a monster the norm is monstrous.

During my stay in the United States, I witnessed the spontaneous formation of committees in a country for the pursuit and prosecution of a man who had committed a great crime. In Europe, a criminal is an unhappy man who is struggling for his life against the agents of power, whilst the people are merely a spectator of the conflict: in America, he is looked upon as an enemy of the human race, and the whole of mankind is against him.

We say that the most dangerous criminal now is the entirely lawless modern philosopher. Compared to him, burglars and bigamists are essentially moral men; my heart goes out to them. They accept the essential ideal of man; they merely seek it wrongly. Thieves respect property. They merely wish the property to become their property that they may more perfectly respect it. But philosophers dislike property as property; they wish to destroy the very idea of personal possession. Bigamists respect marriage, or they would not go through the highly ceremonial and even ritualistic formality of bigamy. But philosophers despise marriage as marriage. Murderers respect human life; they merely wish to attain a greater fulness of human life in themselves by the sacrifice of what seems to them to be lesser lives. But philosophers hate life itself, their own as much as other people's.

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