Anatomy Of A Sex Crime: The Spitzer Case

The Eliot Spitzer scandal is difficult for many rational people to understand. How could he have been so careless? The real question should be: What is the psychological pathology that caused this self destructive behavior? Like many crimes of morality, the pathology of the brain is usually the last suspect. In this case, there is no other rational answer. Elliot Spitzer is a sex addict who cannot control his sex drive. Much like a drug addict, he really has no choice. This condition is sometimes called "irresistible impulse" that was the topic of the 1959 movie, ANATOMY OF A MURDER.

The film Anatomy of a Murder is probably the finest pure trial movie ever made. The film is based on a powerful 1958 novel by Robert Traver. It centers on a gripping small-town murder trial of Lieutenant Manion (Ben Gazzara). Manion clearly gunned down Barney Quill in Quill's bar. But why did he do it?

The film is loaded with fascinating legal issues, such as the validity and applicability of the irresistible impulse version of the insanity defense. Defense lawyer Paul Biegler (Jimmy Stewart in an unforgettable portrayal) would rather be catching trout. He claims it happened because Manion was seized by an irresistible impulse-he just found out that Quill had raped Laura after picking her up in the bar. The defense psychiatrist is asked whether Manion was capable of understanding right from wrong. The psychiatrist states clearly that the issue of right and wrong is never contemplated by one who is in the grip of irresistible impulse or dissociative reaction.

Manion is acquitted in the movie. Otto Preminger, the director, knew this movie would be controversial because it dealt with sexuality, violence, and language never before shown in previous 1st tier Hollywood movies. The issues raise in this movie questioned the social values of that period in American culture. Since that time the subject of sexuality has been broadened primarily because of the events in the 60s that has been described as "the sexual revolution." The feminist movement has also been an important factor in dealing more honestly with sexuality. That has not been the case for crime and punishment in this country.

The United States has developed a cottage industry for the penal system. There are more people incarcerated in this country per capita than any other nation. Close to half of the prisoners have committed non-violent crimes. Many are suffering from severe psychological disorders that are undiagnosed. Some of these prisoners suffer from irresistible impulse and need psychiatric help. Spitzer may well be the next victim of our penal system.

There is no question that Spitzer should resign and get the help he needs to treat this problem. He is a sexual addict and cannot control his behavior. The irresistible impulse prevents him from rational contemplation of the consequences of his actions. He needs rehabilitation, not incarceration.

Comments

[PresidentLindsay]

This whole idea of sex addiction reeks of baloney. Who doesn't like sex? Most guys could be said to be sex addicts, for sure (speaking as a guy who knows many other guys). To suggest that one needs treatment to "cure" sex addiction is absurd.

Spitzer, like many powerful men, had opportunity and motive (probably fairly normal sex drive). Presumably these women were totally hot (hence the high rates). He had the money, obviously didn't let moral scruples stand in his way, and he went for it. Why pretend it's any more complicated than that? If money were no object, countless men would do the same thing. Why? Because it's fun, I would imagine. Read Jared Diamond's book Why Is Sex Fun? if you'd like to dig a little deeper into it. But forget about agonizing over the poor man's "sex addiction." It's far simpler than that.

[toomuchtolose]

Was the rapist also seized by an irresistable impulse ? And how did he fare?

[BeyondGoodAndEvil]

Clearly someone who has been seeking out the services of prostitutes for such an extended period of time (6 years) has an addiction. Obviously there is no rehabilitation in prison so there is no way that prison time can help Spitzer. The pathology of those who become addicted to prostitutes is usually driven by intimacy issues and so use sex as a distraction and an escape. Sex addictions do not present due to higher sex drives, as some claim. That is a myth.

[idontthinkthisishelping]

Our aptly named penal system does not and cannot accomplish its stated goal, because no one will go on record committing to any specific goal: punishment, rehabilitation, protection of society, deterrence, make-work and make-const­ruction-co­ntracts and make-priva­tization-c­ontracts, the unfortunate fallout or collateral damage of politicians riding into and maintaining office on an irrational fear of crime supported by trumped-up, annually debunked crime statistics, and conflating the seriousness of crimes (eg crack sales correlate with increased homicides -- not often with pots and pans so much as firearms -- which makes crack sales as dangerous as "all these homicides," in general, without really having to reference any specific homicide at all -- but while firearms seem to correlate a little higher with homicide-b­y-firearm, the sale of devices that if used correctly following manufacturers' instructions will kill should be unfettered, unrestrained and unregulated)

BUT... if this guy is an uncontrollable "sex addict" because of 8 trips to the local whorehouse, he's kind of a sad excuse for a "sex addict," don't you think? Shouldn't you actually have a libido to compete as a "sex addict?"

An argument can be made (and if it hasn't, it will) that every act is born of an irresistible impulse. I can't think of any crime (and we Americans sure do have a lot to choose from, and the list only grows daily) that was committed because at some primal level the perpetrator really didn't want to do it... And the Right doesn't like arguments like these because they would call for the incarceration of everyone, and they are part of that group. I don't see how this argument, a rare affirmative defense from the larger insanity defense, which is argued in less than 1% of criminal cases, which is successful as an affirmative defense less than 1% of the time, even if you intend this argument go toward the overall demonization of certain crimes versus offered to acquit Spitzer, helps the "How about we try to figure out what we're trying to do with this system and then analyze how effective we're being" because it is just ammunition for the Right.

"Treatment" is an attempt to get people back in line. I don't see any reason to deny this, nor apologize for it. If it's goal was to encourage self-actualization regardless of societal "morality," prison therapists would be obligated to encourage those who wish to commit more crime to commit more crime more efficiently and in a way that they don't wind up being the 30-some percent who actually get caught.

If someone wants to continue their behavior, a therapist can't do much to get them in line. They can advertise more positive aspects of falling in line (less prison food, fewer orange jumpsuits) or try to find a third option with the client, a way to live outside the system without raising the attention of the system.

My understanding is that a combination of Cognitive and drug therapy is now seen as the most effective form of treatment for almost anything short of psychosis. In this case, I would imagine Spitzer would be asked, "How's it going with the whore-mongering? On balance, worth the downside?" (He's not in danger of ever losing the governor's mansion again) If not, cut it out, which requires inorganic constant vigilance (or 8 episodes of vigilance) -- this alone can literally carve out new neural pathways and eventually lay dormant the previous pathways, but trying to figure out what he wants from this behavior, or what he's hiding from, and hopefully why, is a pretty good way to make any change "real."

That's a whole lot of words for the Right to consume. "Irresistible impulse" is much easier to misunderstand and use as ammunition. So what's wrong with speaking their language so they can't help but understand and agree with your underlying logic: He's a criminal, he's a liberal (redundant,) he's not like us, he needs to be punished severely, but much like our strongly conservative brethren the Cambodians, we have a chance of bringing him into the fold (RNC donor list) by sending him to the re-education camps (for a 45-minute hour, once or twice a week.)

Make therapy sound like a severe punishment (and hey, with the competency rate of most shrinks these days...) and I would have to think the Right would take credit for it.

[Dem02020]

Don't strain yourself too hard, in overanalyzing why a married man might engage the services of a prostitute...

In the strained analysis, you might lose your senses, and start comparing prostitution with murder.

[ReasonIsMyReligion]

Heh.