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VOLUME 16, ISSUE 1, PAGES 35–50 (2015) Criminology, Criminal & Society

E-ISSN 2332-886X Available online at https://scholasticahq.com/criminology-criminal-justice-law-society/

Seeing through the Criminological Lens: Popular Representations of and Punishment

J. C. Oleson and Tamara MacKinnon University of Auckland

A B S T R A C T A N D A R T I C L E I N F O R M A T I O N

Crime is a staple of the media, and violent such as are overrepresented in both news and entertainment. Although cases of serial homicide are exceptionally rare, stories about serial killers are terrifically popular. Indeed, while the seven Saw feature films, recounting the crimes of John “” Kramer, have been derided as mere “torture porn” by some critics, they constitute the most successful horror franchise in the world. Certainly, the Saw franchise entertains, allowing viewers to vicariously explore their fears of the serial killer in a safe, controlled manner. The Saw films both inform and misinform viewers about crime and punishment—employing parasocial experiences of violent criminal events to prompt viewers to wrestle with fundamental questions of law, morality, and purpose. Viewed through lenses of crime and punishment, the Saw franchise offers both a critique of and commentary on crime in present society. The fictional character of John Kramer can be analyzed through real homicide typologies, and Kramer’s crimes can prompt discussion about the four cardinal philosophies of punishment: retribution, deterrence, incapacitation, and rehabilitation.

Article History: Keywords:

Received 18 August 2014 Saw, Jigsaw, John Kramer, serial killer, media, crime, punishment Received in revised form 19 January 2015 Accepted 24 February 2015 © 2015 Criminology, , Law & Society and The Western Society of Criminology Hosting by Scholastica. All rights reserved.

The public is fascinated by crime. Crime figures American society’s deepest darkest fears” (Beckman, prominently in both news (e.g., Barak, 1994; Potter 2001, p. 62). Additionally, & Kappeler, 2006) and entertainment media. Approximately 20% of feature films are crime films, because they have the power to make us feel and approximately 50% “have significant crime alive in our benumbed “wound culture,” a content” (Reiner, 2007, p. 312). Some criminals strange kind of adoration is heaped upon become celebrities (Duncan, 1996; Kooistra, 1989; contemporary serial killers, the monsters of Schmid, 2005) and enjoy an infamous species of our cynical age. “Our society is obsessed fame (Oleson, 2003). Serial killers, in particular, with serial killers,” suggests Bruno. have been elevated into a prominent place in Similarly, Hawker quips, “All the world society’s pantheon of criminals (Jenkins, 1994; loves a serial killer.” (Oleson, 2005b, p. 187, Tithecott, 1997): “The serial killer constitutes a citations in original omitted) mythical, almost supernatural, embodiment of

Corresponding author: James C. Oleson, University of Auckland, Department of Sociology, Level 9, HSB Building, 10 Symonds Street, Private Bag 92019, Auckland 1142, New Zealand. Email: [email protected] 36 OLESON & MACKINNON

Murder is entertainment, and it is also big horror movies, as selected by the voting public business (Fuhrman, 2009). Society’s fascination with (Internet Movie Database, 2014). serial killers has fueled a robust true-crime market Created by writer and director (Egger, 1998) and created an audience for a host of , the Saw films describe the activities of crime biography documentaries. The writing of serial killer John “Jigsaw” Kramer. Like other serial killers is widely available to interested readers fictional serial killer protagonists— (Brady, 2001; Philbin, 2011), and the artwork of (Harris, 1981, 1988, 1999, 2006, 2013), serial killers is sought out by a vibrant market of Morgan (Lindsay, 2004, 2005, 2007, 2009, 2010, collectors of murderabilia (Scouller, 2010). People 2011, 2013), or Seven’s John Doe (Kopelson, can buy serial killer trading cards (Jones & Collier, Carlyle, & Fincher, 1995)—Kramer’s victims are 1993) and serial killer action figures (Schmid, 2005). selected because they have engaged in crimes or The serial killer is the quintessential modern monster immoral acts that have gone unpunished. Unlike (Picart & Greek, 2003). Lecter and Morgan, however, Kramer does not Although the names of notorious serial killers actually want his victims to die; rather, he wants may be more familiar to the public than the names of them to survive and to be “reborn” (with an world-renowned scientists (Oleson, 2005b), it may understanding of their past wrongs and a new not be the real-life serial killer who shapes the appreciation for life). His modus operandi involves public’s view, but the fictional one: the character victims and locking them in one of his drawn from literature, television, and film. The “torture warehouses.” When the victims regain influence of popular film on the public understanding consciousness, audio or video tapes are played for of crime and criminals dwarfs that of all academic them, outlining their transgressions and explaining criminological scholarship (Rafter & Brown, 2011). the rules of their punishments. Kramer subjects his Indeed, author Thomas Harris’ fictional serial killer victims to “tests” or “games” that inflict extreme Dr. Hannibal “the Cannibal” Lecter was “arguably… psychological and physical pain, often involving the most publicized and recognizable personality complex mechanical traps. If the victims die, Kramer (real or not) in America during February 1991” (Skal, removes a jigsaw puzzle-shaped piece of flesh from 1993, p. 383, italics added). In the 1960s, serial killer their skin, symbolizing their missing survival films began to replace traditional horror narratives instincts. This trophy-taking earns Kramer the media involving werewolves, aliens, or vampires (Tudor, moniker “Jigsaw.” If the victims survive the tests, 1989). Although these traditional supernatural horror according to Kramer’s understanding of the world, themes have enjoyed a resurgence in recent years, they are instantly rehabilitated. serial killers remain a central focus of dramatic The Saw films have been dismissed as derivative narratives as illustrated by the characters of Joe facsimiles of other—superior—serial killer films Carroll on the Fox network’s The Following (Gleiberman, 2004), and they have been denounced (Williamson & Siega, 2013) and on by Edelstein (2006) and others as mere “torture porn” Showtime’s Dexter (Cerone et al., 2006). – movies in the same vein as The Devil’s Rejects This paper will examine the seven serial killer (Elliot, Gould, Mehlitz, Ohoven, & Zombie, 2005), films that constitute the Saw franchise: Saw the Hostel trilogy (Briggs, Fleiss, & Spiegel, 2011; (Hoffman, Burg, Koules, & Wan, 2004), Saw II Roth, 2005; Spiegel, Yakin, Fleiss, Tarantino, & (Hoffman, Burg, Koules, & Bousman, 2005), Saw III Roth, 2007), or Wolf Creek (Lightfoot & Mclean, (Hoffman et al., 2006), Saw IV (Hoffman et al., 2005). But other scholars have identified meaningful 2007), (Hoffman, Burg, Koules, & Hackl, elements in the Saw films and have produced a 2008), Saw VI (Hoffman, Burg, Koules, & Greutert, modest body of scholarship on these works (e.g., 2009), and (Hoffman, Burg, Koules, & Aston & Walliss, 2013; Fore, 2009; Huntley, 2009; Greutert, 2010). Released across seven years and Jones, 2010). The extant scholarship on Saw has netting approximately $877 million USD in global adopted a media studies perspective, but the Saw receipts (Numbers, 2014), the Saw films are the most franchise also can be studied through a successful horror franchise in the world (Kit, 2010). criminological lens, as has been done with the The franchise has earned numerous critical awards, Hannibal Lecter franchise (Oleson, 2005a, 2005b, but it is the franchise’s commercial success that is 2006a, 2006b). For example, analysis of the character most noteworthy: The films have been adapted into of John Kramer can reveal to what extent film comic books (Lieb & Oprisko, 2005), video games depictions do—or do not—accurately depict the (Wingfield, 2007), toy and costume merchandise realities of crime and criminals (Leistedt & (NECA, 2014)—even theme park attractions (Thorpe Linkowski, 2014; Oleson, 2005b), and Jigsaw’s Park, 2014). Each of the seven films currently crimes can be employed as a lens to understand appears in the Internet Movie Database’s top 400 traditional theories of punishment.

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This article is organized in four parts. Part one spectacle of Saw may become more supportive of examines the linkages between crime and popular punitive (e.g., Pratt, 2007), increasingly culture and discusses some of their implications for willing to incarcerate more people, for longer periods society. Part two analyzes the crimes of John of time, under penal conditions that may strain the “Jigsaw” Kramer using several serial killer very boundaries of human endurance (e.g., Haney, typologies. Part three analyzes the crimes of Saw 2006). films, employing traditional theories of punishment. Of course, not all audience members will react to Finally, part four analyzes the social functions of the the Saw films in the same way. For some viewers, Saw series. Saw might evoke shock and wonder, instead of fear. In this case, the Saw films might reinforce moral and Crime and the Media social norms in society. This is reminiscent of Emile Durkheim’s functional view of crime and Popular films entertain, but they also influence punishment. Crime, in Durkheim’s view, is necessary audience beliefs and attitudes. Like representations for society to evolve: on television, film portrayals communicate a great deal to audiences “about social norms and According to Athenian law, Socrates was a relationships, about goals and means, about winners criminal, and his condemnation was no more and losers, about the risks of life and the price for than just. However, his crime, namely the transgressions of society’s rules” (Gerbner & Gross, independence of his thought ... served to 1976, p. 178). Crime films simultaneously “allow prepare a new morality and faith which the viewers to experience the vicarious thrills of criminal Athenians needed since the traditions by behavior while leaving them free to condemn this which they had lived until then were no behavior, whoever is practicing it, as immoral” longer in harmony with the current (Leitch, 2002, p. 06). These “parasocial experiences” conditions of life. (Durkheim, 1895/1958, p. (Giles, 2002) allow audiences to vicariously learn 71) about crime and punishment. In Shots in the Mirror, Rafter notes that crime films provide viewers with In Durkheim’s view, punishment is functional, as rich material that can be used to “interpret the world well; it restores normative equilibrium within the and develop our meaning systems … in the community. Through punishment, a criminal who has construction of personal identity and in bridging the victimized the community through his offense, is in gap between ourselves and our social situations” turn punished—made victim—and moral equilibrium (2006, p. 14). is thereby restored. Punishments safeguard the public On the other hand, films often misrepresent the order. Members of the community are reassured of reality of what they purport to display. For example, their safety and in seeing the offender punished for in their analysis of 400 feature films, Leistedt and his crimes, are reassured that they were doing the Linkowski (2014) found that cinematic depictions of right thing by following the (Durkheim, psychopaths usually deviated from clinical realities. 1895/1958). Similarly, viewing the fictional crimes Similarly, Surette (2015) describes the distortion of of John “Jigsaw” Kramer (as well as the otherwise- crime and punishment. While violent crime and unpunished crimes of Kramer’s victims), Saw criminals are statistically rare, they viewers may find their moral intuitions reaffirmed. constitute a staple of the popular media: “Whatever The Saw films might enhance social solidarity, the truth about crime and the criminal justice system confirm ideals of good and evil, and help define the in America, the entertainment, news, and outer bounds of acceptable behavior. infotainment media seem determined to project the In addition to driving penal populism or opposite” (Surette, 2015, p. 205). This is important, reinforcing social solidarity, the Saw films mirror since audiences who view inaccurate representations society. After all, some crime movies are inspired by of crime can be influenced and adopt social attitudes real offenders and real criminal events. Art imitates that are not grounded in reality. Individuals may life. For example, both the original (Brooks, 1967) misunderstand the workings of the criminal justice and the remake (Rowe & Kaplan, 1996) of In Cold system, have reduced empathy towards certain types Blood were based on the brutal 1959 killing of the of victims, and learn harmful stereotypes about Clutter family in Holcomb, Kansas, as recounted by offenders. Such portrayals of violence can increase Truman Capote (1966). The character of Dr. social fear of crime (Heath & Gilbert, 1996) and Hannibal Lecter, portrayed in Manhunter (Roth & increase punitive attitudes as a means to mediate Mann, 1986), The Silence of the Lambs (Utt, Saxon, anxiety (Cheliotis, 2010; Mason, 2006). Thus, Bozman, & Demme, 1991), Hannibal (Scott, audience members who are frightened by the Laurentiis, & Laurentiis, 2001), Red Dragon

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(Laurentiis, Laurentiis, & Ratner, 2002), and crime that you had seen, read, or heard about in the Hannibal Rising (Laurentiis, Laurentiis, Ammar, & media?”). The Saw franchise has been implicated in Webber, 2007), was based principally upon one “Dr. copycat violence as well. In the U.K., 15-year-old Salazar,” an imprisoned Mexican physician (Harris, Daniel Bartlam killed his mother with a claw hammer 2013). The 1924 murder of Bobby Franks by genius shortly after watching Saw (Dolan & Reilly, 2012). aristocrats Nathan Leopold and Richard Loeb (Higdon, 1999) has been made into three feature John Kramer the Offender: films: Compulsion (Zanuck & Fleischer, 1959), Rope Serial Killer Typologies (Hitchcock & Bernstein, 1948), and Swoon (Vachon & Kalin, 1992). It may have also influenced both Film characters are especially compelling when iterations of Funny Games (Heiduschka & Haneke, they present audiences with an enigma, a paradox, or 1997; McAlpine et al., 2007). The 1958 real-life a puzzle to be solved (Oleson, 2005b). In particular, murder spree of Charles Starkweather and his the presence of incomplete or incongruous pieces of girlfriend Caril Ann Fugate inspired the film, information may lead to a of “kennetic strain” Badlands (Malick, 1973). Although the writers of the (Sarbin, 1972) and—as in the resolution of metaphor Saw franchise have never identified their inspiration (Brownell, Simpson, Bihrle, Potter, & Gardner, 1990) for John “Jigsaw” Kramer, there are compelling or humor (Johnson, 1990)—require the viewer to parallels between the character and the real-life “Toy- actively engage the material in order to make sense of Box Killer” David Parker Ray. it. Kennetic strain may help to explain the allure of Ray was apprehended in 1999 for the John “Jigsaw” Kramer. He is, after all, a serial killer kidnapping, , torture, and murder of as many as who wants his victims to live and who does not kill 60 women (Fielder, 2003). Like Kramer, Ray his victims directly, but only through the construction constructed his own torture chamber, equipped with of tests and games. In Saw, one of the characters special pain-inflicting instruments, and—like remarks, “Technically speaking, he’s not really a Kramer—Ray used tape recorded messages to murderer—he never killed anyone. He finds ways for communicate with his victims when they regained his victims to kill themselves” (Hoffman et al., 2004, consciousness. also found Ray’s detailed 17:44). Of course, this distinction is not legally drawings of torture devices, akin to those that Kramer meaningful. When Jigsaw affixes a “reverse bear trap employed in his torture warehouse. Furthermore, Ray mask” onto a victim, his knowledge of a serious risk operated with accomplices, just as Kramer has of is criminally culpable. His subjective hope “apprentices.” Finally and coincidentally, Ray’s that his victim will pass the test and survive is legally crimes were committed in the town of Truth or irrelevant. The combination of Kramer’s attaching Consequences, New Mexico. Truth or Consequences the trap (a criminal action) and his knowledge of a echoes the principles of truth and consequence that serious risk of death (a criminal state of mind) is motivate John “Jigsaw” Kramer’s traps and tests. sufficient to constitute murder (Dressler, 2012). Specifically, Kramer selects victims who refuse to Murder, the unlawful killing of another human tell the truth, and he employs punishments that mirror being with “malice aforethought,” is sometimes his victims’ offenses so that they might understand classified by number and the presence or absence of the consequences of their actions. cool-down periods. The Federal Bureau of Sometimes, in what might be characterized as a Investigation (FBI) distinguishes five different “strange loop” (Hofstadter, 1999), fictionalized categories: a single homicide involves one victim in representations of crime drawn from life can inspire a one homicidal event, a double homicide involves two second generation of copycat crime. Life imitates art. victims in one homicidal event, and a triple homicide For example, Natural Killers (Hamsher, involves three victims in one homicidal event. Four Murphy, Townsend, & Stone, 1994) draws upon the or more victims killed during a single homicidal Starkweather and Fugate killings. This movie, event constitute a mass homicide. A spree murder recounting the story of fictional lovers, Mickey and involves two or more victims in two or more Mallory Knox, and satirizing the media for its locations without a cooling-off period, while serial celebration of crime, has been linked to at least murder involves three or more separate homicidal fourteen real-life killings (Ruddock, 2001). Copycat events with cooling-off periods between events crime is uncommon, but it is not unheard of. In one (Douglas, Ressler, Burgess, & Hartman, 1986). study, Surette (2002) found that more than a quarter While Egger (1998) suggests that a second murder is (26.5%) of a sample of 68 incarcerated serious and sufficient to qualify as serial murder, Fox and Levin violent juvenile offenders reported committing a (1998) suggest that the threshold for “serial murder” copycat offence (i.e., answered yes to the question, should be four victims. Jenkins (1994) also identifies “Can you recall ever having tried to commit the same four as a minimum threshold. Hickey summarizes the

Criminology, Criminal Justice, Law & Society – Volume 16, Issue 1 CRIME AND PUNISHMENT IN SAW 39 literature by writing, “Most researchers agree that (c.f., Hobbes, 1651/1991; Rousseau, 1762/1997). In serial killers have a minimum of 3–4 victims” (1991, Saw V (Hoffman et al., 2008), Kramer illustrates his p. 8). Under any of these definitions, the character of mission-oriented status when he tells an apprentice John “Jigsaw” Kramer is a serial killer. After seven who has just killed someone, “You and I both know films, Kramer is responsible for the deaths of 52 the statistics for repeat offenders in this city...so you people. If Kramer were a real offender, his death toll might look at what you did…as a kind of public would far exceed the 7–11 average victims attributed service” (Hoffman et al., 2009, 45:44). The second to identified serial killers (Hickey, 1991). group that Kramer seeks to eliminate from society is As a serial killer, John “Jigsaw” Kramer can be those who lack the instinct for survival. For Kramer, further categorized using two additional typologies. this is an essential human element. In the first Saw First, under the FBI’s organized/disorganized film (Hoffman et al., 2004), after Kramer was dichotomy (Ressler, Burgess, Douglas, Hartman, & diagnosed with an inoperable brain tumor, he D’Agostino, 1986), Kramer neatly fits the paradigm attempted suicide by driving off a cliff. The man who of the organized offender. According to the FBI crawled from the wreckage was changed, and (1985), organized offenders typically exhibit 14 cherished life. In Saw II, Kramer explains, “Darwin's characteristics: (1) average to above-average theory of evolution and survival of the fittest...no intelligence, (2) social competence, (3) preference for longer applies on this planet. We have a human race skilled work, (4) sexual competence, (5) high birth that doesn't have the edge or the will to survive” order status, (6) father had stable work, (7) (Hoffman et al., 2005, 43:14). The mission to inconsistent childhood discipline, (8) controlled dispense vigilante justice and the mission to cull mood during crimes, (9) use of alcohol during those without the will to live converge in Kramer’s crimes, (10) precipitating situational stress, (11) mind: In Saw V, he explains, “You can dispense living with a partner, (12) mobility with a car in good justice and give people a chance to value their lives condition, (13) follows crime in news media, and in the same moment” (Hoffman et al., 2008, 45:11). (14) may change jobs or leave town after commission Kramer’s mission-oriented killings are designed to of crimes. John “Jigsaw” Kramer fits most of these ensure a society in which there is justice for crime, categories. As a former civil engineer, he is both value for life, and a universal human determination to intelligent and methodical. Belinkie describes him as survive. Kramer’s crimes are to achieve “possessing a nearly superhuman intellect” (2010, these three goals through the mechanism of para. 33). Kramer intricately plans the deaths of his punishment. carefully-selected victims, drawing figures of intricate mechanical traps and constructing models to John Kramer the : test them. His crimes exhibit planning, intelligence, Theories of Punishment and logic. Kramer is socially competent and actually attracts followers (“apprentices”). He maintains a Some theorists suggest that punishment serves an controlled mood during his crimes, is mobile, and expressive function (e.g., Feinberg, 1965), but most follows the media coverage of the Jigsaw crimes. commentators agree that there are four “cardinal Holmes and DeBurger’s (1988) identified four philosophies of punishment—retribution, deterrence, categories of serial killers: (1) visionary types who incapacitation, and rehabilitation” (Oleson, 2011, p. kill because they are commanded to do so by voices 696). Through his series of elaborate traps and tests, or visions; (2) mission-oriented types who kill John “Jigsaw” Kramer subjects his victims to because they believe it is their duty to eliminate harrowing experiences that draw upon all four bases certain classes of undesirable people from society; (3) of punishment. hedonistic types who derive satisfaction from killing Retribution (or “just deserts”) is a deontological, (including thrill-oriented, comfort-oriented, and lust- non-consequentialist form of punishment (Oleson, oriented sub-types); and (4) control-oriented types 2007). Thus, retributivism is neither justified by the who kill to assert power and dominion over others. advantages it produces for society, nor does it Under this taxonomy, Kramer is a mission-oriented to reduce the number of future crimes; rather, killer. He believes that he is cleansing society of two retributivism punishes crimes that have already taken undesirable groups. First, people who are guilty of place, and it punishes them because it is morally crimes for which they have been neither caught nor correct to do so. Under some formulations of punished. In Kramer’s mind, he is doing society a retributivism, society has an affirmative moral duty favor by succeeding where the criminal justice to punish the criminal. For example, Immanuel Kant system has failed. He assumes responsibility for (1796/1887) famously wrote that, apprehending, punishing, and either rehabilitating or incapacitating those who violate the social

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Even if a resolved to dissolve instrumentalist. In Plato’s Protagoras (1963), he itself with the consent of all its members— noted that authorities do not punish a man for past as might be supposed in the case of a People wrongs unless they are wreaking blind vengeance; inhabiting an island resolving to separate rather, rational men inflict punishment to prevent and scatter themselves throughout the whole future offending. Cesare Beccaria shared this view. In world—the last Murderer lying in the prison On Crimes and Punishments (1764/1963), Beccaria ought to be executed before the resolution argued that the end of punishment is to prevent the was carried out. This ought to be done in criminal from inflicting additional harm and to order that every one may realize the desert prevent others from committing like offenses. of his , and that blood guiltiness may Kramer makes use of both specific and general not remain upon the people; for otherwise deterrence. The theory of specific deterrence suggests they might all be regarded as participators in that if an offender commits a crime and is punished the murder as a public violation of Justice. for it, the experience of punishment will make the (p. 198) offender less likely to reoffend in the future. The theory of general deterrence suggests that the lessons As a mission-oriented killer, John “Jigsaw” Kramer of punishment are learned vicariously – it is not only may be compelled by retributive duty of this kind. the punished offender who is less likely to offend, but Belinkie (2010) relates Kramer’s traps to medieval everyone who knows of the punishment. Empirical purification rituals, designed to cleanse victims of research has demonstrated modest deterrent effects their sins and grant them redemption through (Pratt, Cullen, Blevins, Daigle, & Madensen, 2009), suffering. but Paternoster cautions that faith in deterrence must Retributivism rests upon a foundation of be tempered with “a healthy dose of caution and fairness. Employing an elegant logical twist, the skepticism” (2010, p. 765). Although certainty of philosopher Georg Hegel explained that when a police apprehension appears to exercise a strong criminal violates the law, his crime is the negation of deterrent effect, the severity of the punishment the right of society. Punishment, however, is the appears to have little influence on offending (Nagin, negation of that negation, and thus an affirmation of 2013). Members of the public often dramatically right, solicited and brought upon the criminal by underestimate the severity of punishments (Hough & himself (Ezorsky, 1972). This idea of an inflicted Roberts, 1998). In fact, some suggests that harm to redress an unfair advantage is central to the experience of prison (specific deterrence) may be retributivism and is closely related to the doctrine of criminogenic (Cullen, Jonson, & Nagin, 2011; Spohn lex talionis, the principle that the punishment should & Holleran, 2002), affirmatively increasing be identical to the offense (“an eye for an eye”). recidivism. More than half (approximately 67.5%) of Reminiscent of lex talionis, many of Kramer’s tests those who are released from U.S. state prison custody are designed to punish his victims in ways that are rearrested for a new offense within three years, explicitly echo or mirror their crimes. For example, and approximately 51.8% are returned to prison in Saw II, one of Kramer’s victims is told that he has (Langan & Levin, 2002). The evidence for general “burned those around you with your lies, cons, and deterrence fares little better. Even the ultimate deceits” (Hoffman et al., 2005, 36:48). His test is to penalty (death) may not deter crimes (Radelet & retrieve an antidote for nerve gas from the back of a Lacock, 2009). Although Ehrlich (1975) calculated furnace, but when the furnace door locks, a fire that each U.S. execution prevented (deterred) ignites and he burns to death. Although Kramer’s approximately eight , the economic literature tests and games frequently symbolize the crimes that on the deterrent effect of capital punishment is highly are being punished, his punishments are often contentious (Fagan, 2006). Through modest disproportionately severe. Proportionality in manipulations of the analytical techniques, Donohue punishment is one of the key principles of any and Wolfers (2006) used a data set to produce highly rational system of penalties (Bentham, 1948), and variable results, ranging from 429 lives saved per Kramer’s excesses suggest that he may be more execution to 86 lives lost! Indeed, most deterrence concerned with eliminating wrongdoers who lack a research suggests that it is not the severity of survival instinct than with imposing proportional punishment that deters, but its celerity and its harms to social wrongs. certainty (Nagin & Pogarsky, 2001; von Hirsch, The Saw films also imply that deterrence plays a Bottoms, Burney, & Wikstrom, 1999). role in Kramer’s punishments. Unlike retributivism, Kramer’s philosophy of punishment is based on which is non-consequentialist, retrospective, and utilitarian ideals, as exemplified in the function of his intrinsicalist in nature, deterrence-based punishments traps. Kramer’s traps are multifunctional; while they are consequentialist (utilitarian), prospective, and test an individual’s will to survive, they also require

Criminology, Criminal Justice, Law & Society – Volume 16, Issue 1 CRIME AND PUNISHMENT IN SAW 41 participants to recognize their obligations to other imprisoned in Kramer’s torture warehouse, they are persons. For example, Kramer’s group trap requires removed from the general population, and no longer the “fatal five,” a group of five seemingly unrelated able to engage in their crimes. From the moment they victims, to cooperate. Ignoring Kramer’s clue as to are seized, Jigsaw’s victims are incapacitated (at least the altruistic nature of the tests, three of the players vis-à-vis the general population). Of course, just as are killed. When only two survivors remain, they incapacitated prisoners can offend against other finally understand their connection: collectively, the prisoners, Kramer’s victims can turn against one members of the fatal five were responsible for the another. In Saw V (Hoffman et al., 2008), his victims deaths of innocent people in a fire. The two survivors are tested on this basis: In order to survive, they must also realize that the deaths of the others were cooperate. Kramer also uses incapacitation in a unnecessary: Jigsaw’s traps had been designed so that second way: Victims who do not demonstrate the will each of the five could survive if they worked and resilience to escape his traps are killed. Just as together. For example, in the final trap, ten pints of pioneering criminologist Raffaele Garofalo (1968) blood are required to win; if five players had lived, suggested that criminals lacked the fundamental they would have each sacrificed only two pints; human quality of altruism, viewing their deaths as instead, the two survivors must each sacrifice five enhancing society’s survival (Barnes, 1930), so, too, pints of blood – half of the blood in their bodies. John Kramer understands the death of unsuccessful John Kramer employs both general and specific victims as a means of increasing the continuing deterrence in his games of punishment. In Saw viability of the human gene pool. Although Kramer (Hoffman et al., 2004), images of newspaper articles considers the act of killing “distasteful” (Hoffman et with headlines reading “Psychopath Teaches Sick al., 2008, 46:11), he does not regret culling from Life Lessons” and “Victim Survived Maniac’s society those individuals who lack an instinct to Game” demonstrate significant media attention to the survive. Jigsaw crimes. Accordingly, under a theory of Although John Kramer’s treatment of his victims general deterrence, newspaper readers should be invokes diverse elements of retribution, deterrence, deterred from the behaviors that Kramer punishes. and incapacitation, his traps, tests, and games are Knowledge that a vigilante killer is at large and related ultimately to the theme of rehabilitation. administering “sick life lessons” should, Rehabilitation—along with deterrence and theoretically, deter criminal conduct. Similarly, under incapacitation—is consequentialist, prospective, and the theory of specific deterrence, survivors of instrumentalist in its orientation: “If people commit Kramer’s traps should be less likely to commit crimes because of inherent defects, one further crimes. But Kramer’s punishments do not straightforward way to reduce future crime is to deter effectively: Although his games are severe, they simply correct the defect, regardless of whether the are neither proportionate, nor swift, nor certain. defect is physical (e.g., a chemical imbalance), Consequently, although Kramer threatens offenders psychological (e.g., criminal thinking patterns), or with the ultimate penalty of death, even this threat social (e.g., association with criminal peers)” cannot deter all offenders. It does not even deter all (Oleson, 2007, p. 365). Based on notions of crime-as- those who experience his traps: For example, after disease, rehabilitation involves treating an offender to surviving Kramer’s tests in Saw (Hoffman et al., restore him or her to a state of non-criminal social 2004), drug addict recidivates. She health. Meta-analyses suggest that rehabilitation does not use drugs, but she does return to crime. In works (e.g., Andrews, et al., 1990; Dowden & Saw II (Hoffman et al., 2005), she joins forces with Andrews, 1999; Manchak & Cullen, 2015). John Jigsaw, and becomes a sadistic punisher. The Kramer believes that, after kidnapping and infliction of suffering becomes her new drug. confronting his victims with the moral consequences John Kramer also employs techniques of of their wrongdoing (elements of retribution), his incapacitation. Like deterrence, the incapacitative devices and tests force victims to choose—and to theory of punishment is consequentialist (utilitarian), choose immediately—between death (incapacitation) prospective, and instrumentalist. Incapacitation can and rehabilitation. In Saw V, Kramer explains, involve spatially removing the offender from society “[T]here is a better, more efficient, way [than killing] (e.g., prison) and/or physically eliminating the .... It’s a different method that I’m talking about. If a capacity to offend (e.g., cutting off the hand of a thief subject survives my method, he is instantly or chemically castrating a sex offender to blunt the rehabilitated” (Hoffman et al., 2008, 46:21). Some of sex drive). Death is the ultimate incapacitant: It Kramer’s victims share his vision of the experience. eliminates all possibility of recidivism (McCord, For example, Amanda Young, a self-harming drug 1998). John Kramer’s tests incapacitate his victims in addict who survives a potentially lethal test in Saw two ways. First, as soon as they are kidnapped and (Hoffman et al., 2004), describes her ordeal in the

Criminology, Criminal Justice, Law & Society – Volume 16, Issue 1 42 OLESON & MACKINNON language of a therapeutic intervention. She says, “My with audiences, providing them with thrills and life was saved that day” (Hoffman et al., 2005, narratives about a serial killer who does not want to 1:26:13). Kramer cites the conversion of Amanda see his victims die, but the series may do more than Young as proof that his method works. But Kramer provide an escape from the ennui of viewers’ daily does not see Young’s life as saved; rather, he sees it existence. In addition to entertaining, the Saw films as reclaimed. In explaining her challenge, Kramer inform. Of course, the Saw films distort the very characterizes it as a rebirth: “You must meet death in phenomenon of serial murder that they depict (c.f., order to be reborn” (Hoffman et al., 2005, 1:26:25). Surette, 2015), but while John “Jigsaw” Kramer In Saw II (Hoffman et al., 2005), however, possesses a constellation of characteristics unlikely to Kramer’s method is cast into question, as it is co-occur in real offenders, his crimes do resemble revealed that Amanda Young has returned to her old those of known offender David Parker Ray (Fielder, habits. She is a recidivist. For her new offenses, she 2003). The films reveal the inner workings of a serial is punished again; again, she survives Kramer’s killer to viewers, including his origins, his motives, testing. Yet even after two rounds of Kramer’s short, and his modus operandi. Similarly, through watching sharp, shocking treatments, Young remains Kramer’s acts of punishment, viewers of Saw can unrehabilitated. In Saw III, she states, “It’s bullshit. glean something about retribution, deterrence, Nobody changes. It’s all a lie…. Nobody is reborn” incapacitation, and—especially—rehabilitation. (Hoffman et al., 2006, 1:37:56). The unfulfilled Unwittingly, viewers might even emerge from the promise of Amanda Young epitomizes the flaws of theater with a sense of the penological debates about rehabilitative theory in the wider field of corrections. rehabilitation and retributivism. Thus, while the Saw While from the 1940s into the 1970s, many experts franchise distorts the phenomenon of serial homicide, believed that crime was a social problem that could it exposes viewers to elements of crime, punishment, be successfully treated, Robert Martinson’s (1974) and conceptions of justice. article, “What Works? - Questions and Answers Morality tales are an ancient teaching device to about Prison Reform” precipitated the wholesale help society discern between right and wrong. rejection of rehabilitation as a legitimate basis of Classics include Aesop’s fables (Gibbs, 2008) and punishment in the United States. Rehabilitation very Grimm’s fairy tales (Hunt, 1944). Like the Saw nearly died (Cullen, 2005), and in its place, a franchise, these classics were often scary and retributivist penology emerged and dominated for gruesome, but as Patton (2013) notes, it is precisely decades (Pillsbury, 1989). Determinate sentencing their grisly imagery that made them so memorable. replaced indeterminate systems of parole, sentence The Saw franchise operates as a contemporary lengths increased, and prison populations soared. morality tale: the moral is not to become a vigilante According to the Pew Center on the States (2009), and do as Kramer did, but to cherish one’s life and when the populations from jails, probation, and those of others: “The movies put both their fictional parole systems are added to the 1.5 million people in subjects and their real-life viewers in uncomfortable U.S. prisons, the number of people under U.S. situations in order to teach morality, but if the traps correctional control increases to more than 7.3 become real and people died in them, the value of the million (or 1 in 31 people). Only in recent years has good messages would be lost” (Patton, 2013, p. 82). genuine interest in rehabilitation reemerged within On the films and morality, , one of mainstream policy circles, in the form of offender the producers observed, “That’s one of the things that reentry (e.g., Petersilia, 2003). attracted us to the film immediately, that it was trying The creators of the Saw films may not have to say something and it did have a theme, that it did intended to create a franchise that recapitulates the have a moral message despite...the smears of blood larger penological debates of the late twentieth throughout the bathroom and everywhere else” century, but that is what they produced. John ("Hacking Away at Saw," 2005). The Saw films “Jigsaw” Kramer’s mission-oriented killings are establish a celluloid universe in which notions of represented in the films as acts of punishment, and it good and evil, crime and punishment, justice and is therefore hardly surprising that his actions should redemption can be explored by viewers. reflect macro-sociological debates about the Some commentators suggest that Saw (and other appropriate forms of punishment: retribution, films like it) afford audience members a safe deterrence, incapacitation, and rehabilitation. environment to confront and explore their fears (e.g., Apter, 1992). Although it may be dangerous—quite The Social Functions of the Saw Franchise possibly lethal—to meet a serial killer in real life, it is possible for the audience member viewing the Saw As the most successful horror franchise in the films to safely witness—even to vicariously engage world (Kit, 2010), the Saw films obviously resonate with—a killer known to be responsible for the deaths

Criminology, Criminal Justice, Law & Society – Volume 16, Issue 1 CRIME AND PUNISHMENT IN SAW 43 of 52 people. Seeing John Kramer at work, the might allow anomic, heterogeneous audiences to audience member might feel some of the fear and engage in a shared understanding about the nature of terror that a real encounter with a serial killer would justice and the corrective of punishment (Oleson, trigger, but he or she can walk away from the theater 2015). For most of human history, punishment was unscathed (Rafter, 2006). This experience of corporal, brutal, and public: “[P]reindustrial people catharsis may allow viewers to exercise control over were familiar with the existence of public executions. their fears and to experience feelings of satisfaction These were part of life for them and on the whole when John Kramer’s vigilante killings mete out a were not considered as objectionable” (Spierenburg, kind of justice that seems to elude the American 1984, p. 87). Justice was enacted as a public criminal justice system (Exline, Worthington, Hill, & spectacle, in a theatre of vengeance and redemption McCullough, 2003). (Madow, 1995). Through these rituals, the offender Of course, it is precisely this ability to safely was publicly transformed from a citizen into a indulge in cinematic experiences of screen violence, criminal and was denounced for his or her vicarious torture, and simulated death that so alarms transgressions. Following the logic of Hegel the critics of “torture porn” (e.g., Edelstein, 2006). In (Ezorsky, 1972), the criminal (who victimized the On Photography (1977) and Regarding the Pain of community through his or her offense) was in turn Others (2003), Susan Sontag argues that the punished—made victim—and moral equilibrium was proliferation of images—especially difficult images, thereby restored. Public punishments safeguarded the such as war photographs—cheapen underlying public order. Members of the community were experiences, desensitize viewers, and inhibit the reassured of their safety and in seeing the offender willingness of viewers to act in the face of real punished for his or her crimes, were reassured that atrocity. Viewing the Saw films might fatigue the they were doing the right thing by following the laws compassion of audience members; if confronted with (Durkheim, 1895/1958). In cases of non-lethal real violence, real murders, and real death, they may punishment (e.g., flogging or the pillory), the ritual of equate it with the film representation and fail to feel public punishment allowed for the possibility of the horror of real experience. Although the empirical redemption and reintegration (e.g., Braithwaite, research on exposure to media violence and 1989). desensitization is contested and equivocal, some In the early 1800s, however, criminal executions researchers have reported a significant association began to be sequestered, occluded from the public between the viewing of violent content and gaze. By the end of the twentieth century, through the physiological desensitization (Krahé, et al., 2011). removal of executions from the public sphere and the Other commentators, however, argue that media introduction of new techniques such as the electric images invigorate. They suggest that photographs are chair, condemned criminals were transformed from “so valuable: by refusing to tell us what to feel, and “the central actor in a public theatre of justice” to allowing us to feel things we don’t quite understand, “simply the object of medico-bureaucratic technique” they make us dig, and even think, a little deeper” (Madow, 1995, p. 466). The media devotes a great (Linfield, 2010, p. 30). In this view, the Saw films deal of attention to crime (Reiner, 2007; Surette, might enrich the experience of audience members, 2015), but it focuses on the front end of the criminal allowing audience members to appreciate violence justice system (e.g. victims and ) and devotes and murder at a deeper level. Furthermore, the films little attention to issues of punishment (Katz, 1987). may reinforce prevailing norms and enhance social To the extent that earlier public displays of solidarity in the manner suggested by Durkheim punishment had operated as cathartic rituals (Duncan, (1895/1958). After all, Kramer operates as an 1996), providing moral instruction and affirming avenging angel, persecuting those who have social solidarity (Durkheim, 1895/1958), the removal transgressed and taking the lives of those who do not of these displays created a moral vacuum. In films value them. Kramer does not want to kill his victims; such as Saw, however, audiences are able to witness rather, he wants to redeem them. Audience members the apprehension and execution of guilty offenders; may interpret Saw as a vindication of existing social they can see the redemption of worthy survivors, values, a condemnation of crime and immorality, and creating new meaning for what Madow calls the a collective affirmation of the belief that wrongdoing “public theatre of justice” (1995, p. 466). Thus, the does not go unpunished. Saw films may provide audiences with an experience Finally, the Saw films might also provide of vicarious punishment that affirms notions of right audiences with a modern expression of an ancient and wrong, reinforces conventional mores and norms, ceremony: human sacrifice (Pizzato, 2005). They and cements social solidarity (Oleson, 2015).

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Conclusion them (or not) and, in the process, define our own moral boundaries. (Hinson, 1993) Revolving around the crimes of fictional serial killer John “Jigsaw” Kramer, the Saw franchise has Fourth and finally, the Saw films shape public been enormously successful. In addition to generating attitudes. Because popular representations box office revenue and merchandising, the seven Saw disproportionately shape public understandings of films have even spawned theme park attractions crime and punishment (Rafter & Brown, 2011), crime (Thorpe Park, 2014). Indeed, Saw has been named films in general (and the popular Saw franchise, in the most commercially successful horror franchise in particular) have the potential to influence public the world (Kit, 2010). The public’s fascination with attitudes. Cinematic portrayals of violence can Saw may say as much about the public as it does increase the fear of crime (Heath & Gilbert, 1996) about the films. Indeed, study of the series might and thus fuel penal populism to mediate anxiety reveal something about the kind of society that both (Cheliotis, 2010; Mason, 2006). Crime films are produces serial killers and that remains transfixed by therefore important objects of criminological study them. Although some critics (e.g., Edelstein, 2006) (Frauley, 2011; Rafter, 2006). While the Saw have denounced the Saw films as mere “torture franchise’s representations of vigilantism and serial porn,” the franchise does far more than titillate murder could desensitize viewers to violence, sadism, audiences’ sadistic impulses with glib dialogue, lethal and torture (Krahé et al., 2011; Sontag, 1977, 2003), traps, and sadism. The franchise does so in at least the films—alternatively—could prompt viewers to four ways. First, in addition to entertaining, the Saw think more deeply about pain, justice, and suffering films breathe life into taxonomies of serial homicide, (Linfield, 2010). The Saw films have precipitated revealing John “Jigsaw” Kramer as an organized, copycat violence (Dolan & Reilly, 2012), but they mission-oriented (Holmes & DeBurger, 1986) serial can also operate as a vicarious form of public killer who is responsible for the deaths of 52 persons. punishment (Pizzato, 2005), reinforcing social Although Kramer is a fictional figure, in several solidarity (Durkehim, 1958; Oleson, 2015) and respects, he resembles the real-life offender David strengthening prevailing norms. A careful Parker Ray (Fielder, 2003). The Saw films examination of Saw might increase our understanding simultaneously inform and disinform, shaping the of the mechanisms through which popular film shape public’s vision of the serial killer. They present some attitudes, beliefs, and behaviors related to crime and elements of serial homicide that correspond faithfully punishment. to criminological research, but they distort other elements (c.f., Oleson, 2005b). Second, the Saw films References also illustrate the cardinal bases of punishment: Andrews, D. A., Zinger, I., Hoge, R. D., Bonta, J., retribution, deterrence, incapacitation, and— Gendreau, P., & Cullen, F. T. (1990). Does particularly—rehabilitation. Kramer’s traps are correctional treatment work? A clinically designed to immediately rehabilitate those who relevant and psychologically informed meta- survive them, instilling survivors with a newfound analysis. Criminology, 28(3), 369–404. capacity to cherish their lives. Although the Saw doi:10.1111/j.1745-9125.1990.tb01330.x films present a distorted view of crime and punishment, they have meaningful roots in criminal Apter, M. (1992). The dangerous edge: The justice theories of crime and punishment (Oleson, psychology of excitement. New York, NY: Free 2007). Third, the Saw films operate as contemporary Press. morality plays, illustrating normative concepts of Aston, J., & Walliss, J. (2013). To see the Saw good, evil, virtue, and responsibility (Patton, 2013). movies: Essays on torture porn and post-9/11 Film villains are effective mechanisms for such horror. Jefferson, NC: McFarland & Co. matters: Barak, G. (1994). Media, process and the social Film provides an opportunity for dialogue; construction of crime: Studies in newsmaking in that sense, it has always been an criminology. New York, NY: Garland. interactive medium. If David Lynch or Barnes, H. E. (1930). Criminology. In E. R. A. Martin Scorsese displays the human face of Seligmann (Ed.), Encyclopedia of the social evil in Frank or Cady, that is only half sciences (Vol. 4). New York, NY: Macmillan. of the conversation. The other half is ours. It’s our responsibility to mull over our Beccaria, C. (1963). On crimes and punishments (H. feelings about these characters, understand Paolucci, Trans.). Englewood Cliffs, N.J.: Prentice Hall. (Original work published 1764)

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Spierenburg, P. (1984). The spectacle of suffering, About the Authors New York, NY: Cambridge University Press. Spohn, C., & Holleran, D. (2002). The effect of James C. Oleson earned his B.A. in psychology imprisonment on recidivism rates of and anthropology from St. Mary’s College of offenders: A focus on drug offenders. California, his M.Phil. and Ph.D. in criminology from Criminology, 40(2), 329–358. the University of Cambridge, and his J.D. from the law school at the University of California, Berkeley Surette, R. (2002). Self-reported copycat crime (Boalt Hall). Between 2001 and 2004, he taught among a population of serious and violent criminology and sociology at Old Dominion juvenile offenders. Crime & Delinquency, 48(1), University in Norfolk, Virginia. In 2004, he was 46–49. doi:10.1177/0011128702048001002 selected as one of the four U.S. Supreme Fellows for the 2004-05 year. In 2005, he was Surette, R. (2015). Media, crime, and criminal appointed as Chief to the newly-formed justice: Images, realities and policies (5th ed). Criminal Law Policy Staff of the Administrative Stamford, CT: Cengage. Office of the U.S. , and served in that capacity Thorpe Park. (2014). Saw-The Ride. Retrieved from between 2005 and 2010. He moved to New Zealand https://www.thorpepark.com/rides/saw-the- and joined the University of Auckland in 2010, and ride.aspx teaches courses on penology, the criminal justice system, and psychological criminology. He is Tithecott, R. (1997). Of men and monsters: Jeffrey working on a forthcoming monograph about high-IQ Dahmer and the construction of the serial killer. crime for the University of California Press. Madison, WI: University of Press. Tamara MacKinnon completed a B.A. in Tudor, A. (1989). Monsters and mad scientists: A psychology and criminology, B.A. (Honours) with cultural history of the horror movie. Oxford: First Class Honours and a M.A. in criminology from Basil Blackwell. the University of Auckland. Her recent M.A. thesis Utt, K., Saxon, E., Bozman, R. (Producers), & was titled ‘Presentations of Crime and Punishment in Demme, J. (Director). (1991). The silence of the the Saw Franchise’. She is interested in portrayals of lambs [Motion picture]. USA: . crime in popular culture, criminal psychology, and policing. Vachon, C. (Producer), & Kalin, T. (Director). (1992). Swoon [Motion picture]. USA: Fine Line Features. Acknowledgements von Hirsch, A., Bottoms, A., Burney, E., & The authors wish to thank Henry F. Fradella, Wikstrom, P. O. (1999). Criminal deterrence Chantal Fahmy, and the anonymous reviewers for and sentence severity: An analysis of recent Criminology, Criminal Justice, Law & Society for research. Oxford, UK: Hart Publishing. their assistance in developing the manuscript. Walker, A. K. (1995). Seven & 8 mm. New York, NY: Faber & Faber.

Williamson, K., Siega, M. (Producers). (2013). The Following [Television series]. , NY: Fox. Wingfield, N. (2007). A start-up's risky niche: Movie-based videogames. Wall Street Journal. Retrieved from http://online.wsj.com/news/articles/SB11809276 8266523504 Zanuck, R. D. (Producer), & Fleischer, R. (Director). (1959). Compulsion [Motion picture]. USA: 20th Century Fox.

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