Journal of Criminal Law and Criminology

Volume 62 | Issue 3 Article 3

1972 The onceptC of the Political Criminal Stephen Schafer

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Recommended Citation Stephen Schafer, The oncC ept of the Political Criminal, 62 J. Crim. L. Criminology & Police Sci. 380 (1971)

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CRIMINOLOGY

THE CONCEPT OF THE POLITICAL CRIMINAL

STEPHEN SCHAFER*

THE INDESTRUCTIBLE CnimE-TYrE quiet stems not from resistance to a better future, The political crime is perhaps the oldest of all but rather from the confusion engendered by the crime-types. It is virtually impossible to find a variegated and contradictory proposals for new history of any society which does not record political structures. While political crimes have often been the political criminals. They have always existed, they most powerful forces shaping human exist now, and they will exist in the future, in spite societies, we are living in an age in which the of the historical experience that the ideal behind abuses of political criminality come more naturally the political crime is often destroyed the moment to us than its uses. Gustave Le Bon's vision of the it becomes reality. Although political crime is the leader manipulating the crowd was quite prophetic oldest and most recurring criminal phenomenon of of the twentieth century. The popular use of the history, it has been largely ignored by criminolo- term "restructuring" has become mixed up with the idea of revolutionary gists. It has been considered merely a criminologi- alterations in society, and is far removed from the true cal satellite, a strange body of law violations re- concern for structur- ing. In our time, the volving around the concept of ordinary crimes. complaint that politics is being This neglect of political crimes by criminologists criminalized might be coupled with the experience and other social scientists is all the more surprising that criminality is being politicized. Thus, the real because the available data are quite extensive and problem of the concept of the political criminal is there are no peculiar difficulties in attempting to the invasion of pseudo-political criminals into the analyze them. If we view only contemporary arena where beneficial social changes are forcibly twentieth-century history, the most profound attempted through violations of the law. changes we find are political. The rise and fall of THE RELATIVITY OF POLITICAL CRmIS empires, charismatic leaders, races, classes and social systems have been the dominant features of In the broadest sense, it may be argued that all these changes, and almost without exception these crimes are political crimes inasmuch as all prohi- changes involved political crimes. It may be that bitions with penal sanctions represent the defense the overly behavioral approach of contemporary of a given value system or morality, in which the criminology has been more interested in the ex- prevailing social power believes. In the Soviet sys- pressions and results of conduct than in the con- tem, for example, crime is a "social danger"- duct itself. Furthermore, any analysis of political meaning the harm, risk, or peril to which the politi- criminals might be facilitated by a finding that cal and economic institutions, as the representa- most of them seem to exhibit common elements. tives of the prevailing ideology, are exposed. Taking Political criminals may generally be termed meth- this ad absurdum, even a bank robbery, a shop- odological kleptomaniacs who steal style from one lifting, or a rape is a political crine. After all, another. Acknowledged by writers in the past as making them criminal offenses protects the inter- the passionate offenders, the political criminals of ests and rights of the law-making power, which our time are simply technologically modern crimi- regards them as right and worthy of safeguarding nals wearing the cloak of old age. with the threat of penal consequences.' Yet it is As the problem of political crime becomes more customary to distinguish between political and topical, it is difficult to feel anything except dis- ordinary crimes, because their actual content and quietude at experiencing so many revolutions, up- I similar stand was taken in M. PAmm=LEE, CRII- heavals, and violet social movements. Yet this dis- NOLOGy 92 (1918). See also T. SELLIN, CULTURE CON- icIT AND CR=r (1938) ("culture conflict" theory). * J.D., 1933; Professeur Agr~gd, 1947; Professor of The Soviet concept of "social danger" strongly leans Sociology and Criminology, Northeastern University. toward such an understanding. 19711 THE POLITICAL CRIMINAL context are different and distinctly recognizable, criminal" is "an abuse of language." Ellis con- despite the similarities in their structures. tended that just as the concept of heresy is neces- For both ordinary and political crime it can be sary to ensure the supremacy of a Church, the said that "law is formal expression of the value concept of the political criminal is necessary to 2 system of the prevailing social power," that man- ensure the supremacy of a government. The po- committed crime is dependent upon the man-made litical criminal of our time may be the hero, martyr, law, and that as long as the existing social power or saint of another age A monarch, for example, prevails, its moral system is "right" and must not is the incarnate personification of conservatism, be attacked beyond certain limits. However, the yet, as Parmelee pointed out, Charles the First in role of this value system or morality is far more England and Louis the Sixteenth in France were apparent in political crimes than it is in ordinary beheaded as political criminals. And, although crimes. Since by definition the "conservatives" "there is perhaps nothing in human culture more tend to conserve the prevailing social-political archaic than religion," the clergy were proscribed power structure with its values and morality, the as criminals during the French Revolution.8 The "radicals" are usually the political criminals. The Hungarian Revolution offers a modem example of political stance of ordinary criminals is generally abrupt and rapid changes in the norm-making unrecognizable and irrelevant. Havelock Ellis sug- power structure. At the time of the revolution in gested that the word "criminal" in the expression 1956, criminals turned into heroes and then back "political criminal" is a euphemism to express the into criminals, while law-abiding citizens changed suppression of a small minority by the majority4. to criminals and then back to conformists-all And while Hugo Grotius cited Tertullian for the within eight days. proposition that every man is from his birth a In defense of Macaulay, Chesterton wrote: soldier with a mission to combat criminals guilty of treason, Louis Proal, a judge of the Court of All reputations, except those of the utterly im- Appeals at Aix, cited the anarchist Valliant, who becile, dwindle and rise again; capable men are praised twice, proposed that the citizen has the same rights when first for the wrong reasons and then, after a cycle of obloquy, for the right. acting in self-defense against the tyrant or against 5 an enemy. The real questions are who the "radi- His remarks describe not only the careers of some cals" and "anarchists" are, who the "conserva- authors and scholars, but also the careers of some tives" are, and which of them and in what circum- political criminals. The changing concept of politi- stances are "political criminals." Such questions cal crime and its moral base, however, cannot inevitably lead to the problem of the relativity of secure asylum for all those who take a law-break- law and crime, and thus, to the riddle of relativity ing stand against the prevailing power and its in the concept of political crime, a characteristic value system. History gives its approval only in that is only occasionally conspicdous in ordinary the future and only for exceptional political crimes. Ultimately, these questions guide us to the criminals. While the guilt of the political criminal understanding of man as a multidimensional being, is usually established by the courts of justice at whose consciousness, morality, and freedom can be the time of the act, he is frequently acquitted only approached from different points of view, none of by the writers of history centuries later. To be 6 which can claim to be the only legitimate one. elevated to sainthood takes time. Such considerations led Havelock Ellis to sug- However, the centuries required to see a candi- gest that the word "crime" in the term "political date successfully through to sainthood often ex- IS. SCHAFER, THEORmEs IN CRIMINOLOGY: PAST AND hausts the time and money of the sponsors, while PRESENT PHILOSOPHIES OF THE CRIME PROBLEM 17 the political criminal's generation oftentimes wit- (1969). 3 Id. at 14. nessing only an abortive proposal of social change, 4H. ELLIS, THE CanaNAL 2 (5th ed. no date). can see him only as a guilty man. Before the cos- 6L. PRoAL, PoLrrincAL CRnm 50-51 (1898) (origi- metic of political history labels his defeat nally published as LA Can ALIrrf BoLITIQuQ (1895)). as un- To regard the state as criminal and the members of the just, he is unavoidably subject to the Austinian society as victims is, philosophically, a highly contro- "command of the sovereign," 9 since all laws are versial contention that leads to the problem of the 7 natural law and to the assumption that there exists ELLis, supra note 4, at 1-2. 8 PAMELEE, only a single morality. 9 supra note 1, at 461. 6See SCHAFER, supra note 2, at 11. See generally P. J. Ausn. LEcTuREs ON JuRiSPRUDENCE OF THE BowEs, CoNscIousNEss AND FREEDOM (1971). PHIosoPHY OF PosiTIVE LAW (1861). STEPHEN SCHAFER [Vol. 62 formulated on the unspoken assumption that they values. But the cruel fact is that the social-politi- represent the "right" value-system, even though cal power has sole authority to define values. It they may not appear so to all members of society.' ° conclusively defines the rightness or wrongness of All aspiring political criminals must learn that laws the modes of human conduct. Whatever is defined are "just" insofar as they are defined by the ruling by this social power as right or wrong must be social power and so long as the existing social accepted by those who are required to obey, as power prevails. The social power, not the political long as that power prevails. The relativity of the criminal, dictates what is "right" and "wrong," concept of the political criminal rests with this and in the form of commands raises the law to the relativity of the social power. level of "truth." Cicero told the story of a captured pirate who THE PLACE or POLITICAL CRIME AMONG THE defended himself before Alexander the Great by CLASSES OF CRIMES saying that he did exactly what the great ton- The relative nature of the political crime is one queror had done, but that he was to be punished of the major reasons for the rather hesitant and as a pirate rather than a conqueror simply because divergent approaches to the concept of the politi- he operated with one small boat instead of a large cal criminal and his placement among criminal armada." The case of the pirate, however, is de- types. Even in the field of interjurisdictional co- ceptively simple. The question of who or what has operation, where the problem of how to exempt the power to declare what is right is an ancient political criminals from extradition often arises, problem that has been studied by jurists as well as international treaties cautiously avoid the political by sociologists. Perhaps one of the reasons for the criminal concept in most cases. Wherever "politi- long-standing inability to find an answer is that cal crime" is defined in agreements between sov- lawyers are too close to the problem and sociolo- ereign powers, it is generally couched in objective gists too distant from it, and both seem reluctant references to treason, conspiracy, mutiny and fel- to meet in the domain of legal philosophy or in onies commited against heads of states. Many what is called the sociology of law. Indeed, there analysts of the issue of extradition see in the con- is much more involved in the idea of law than cept of political crime a kind of supra-legal cate- sheer obedience. Usually, a rich and complex gory which can be defined only as the analogue of interplay between individuals, groups, and con- the interests of any given political power, and is flicting values takes place before a law is created. therefore beyond the descriptive ability of the law. Yet ultimately, to use Herbert Hart's term, a Carrara, for instance, has simply labeled it "in- penal statute declaring certain conduct criminal definable." 14 Others who have attempted to define "may appear to be the gunman situation writ political crimes, either objectively or subjectively, 2 large." 1 John Austin's claim that the law is the have supplied the literature on international extra- command of the sovereign may well be a terrify- dition with hundreds of definitions, most of which ing truth which offers little shelter for those who were directed at serving interjurisdictional pur- abandon the real world for the comfort of illu- poses.'1 sions.u Outside the sphere of international criminal law, The greatest obstacle to understanding this tenet particularly in sociological criminology, only a few is our reluctance to accept the fact that what we scattered scholars have regarded the political crim- consider right does not necessarily represent the 14F. CAREA, PRoG -MmA 3916-39 (6th ed. 1886). only correct view. We tend to think there is a "Objectivized definitions have been attempted by: single immutable truth and conclude, therefore, Bluntschli, Brusa, Carmignani, Crivellari, DeVigne, that there is only one possible system of justice. Fabreguettes, Finger, Fiore, Garraud, Gerland, Grivaz, Haus, Helie, Holtzendorff, Homberger, Kleinschrod, The claim that the social system and its law are K61hler, von Liszt, L6wenfeld, Martens, Martitz, moral or ethical rests upon the dubious hypothesis Mecacci, Meyer-Allfeld, Mittermaier, Mohl, Ortolan, that there is only one normal, ethical code. The Prins, Pravo-Kluit, Renault, Rossi, Schiattarella, Schirach, Teichman, Trasimeni and Andr6 Weiss. political criminal gets involved in law-breaking by Subjectivized or motivational type descriptions have professing that his is the only just or right set of been attempted by: von Bar, Billot, Dalloz, Deloume, Glaser, Georgi, 10 SCHAPER, supra note 2, at 89. Helie, Lammasch and Soldan. 1"132 CicEno, DE REPuBLicA 12. See G. Rkcz, A. PoLrrmm BiiNTErEsEx M xEN- H.L.A. HART, THE CONCEPT OF LAW 6-7 (1961). DnkJoG AAX KRITIxLJA 25 (1932); U. Conti, Sid IsSc a., supra note 2, at 11. Deillo Bolitico, 100 RIwsTA PENALE 8. 19711 THE POLITICAL CRIMINAL

inal as worthy of interest. Even these scholars Cesare Lombroso was among the first to pay have seemed to confine themselves to the analysis attention not only to the criminal act, but also to of violence and other behavior patterns which ac- the criminal man. His typology dealt more with company political crimes. The reports of the Na- political crimes than with political criminals. He tional Commission on the Causes and Prevention listed the political criminals as a subgroup in the of Violence, for example, devoted several thousand class of "criminals by passion" and contended that pages to the many facets of violence in America, whatever is true of the passionate criminal may be but despite the fact that most of these discussions said of the political criminal." Lombroso suggested emphasized that violent crimes were of a political that criminals by passion are characterized by a character, the general problems of political crimes high degree of affectivity, so that in unusual and and the concept of the politic~il criminal were strained circumstances, they develop a passion that nowhere considered. Although political crime as a leads to violent crimes. While not all criminals by crime-type is alluded to in most of the contem- passion are political criminals, all political crimi- porary textbooks of criminology, it is only treated nals are criminals by passion. obliquely. Even in the few treatises which deal Lombroso believed in the passion of political with the subject more extensively, the discussion criminals so strongly that he charged the passion- is confined to outwardly observable behavioral less political criminals with insanity. Referring to expressions. In this vein, Marshall B. Clinard and passionless political criminals as persons who "need Richard Quinney refer only to the actual "viola- the hospital more than the scaffold," Lombroso tions which occur in the course of the attempt to actually proposed their deportation. His fancy, as protest, express beliefs about, or alter in some way with Ferri's notion of "social danger," has become the existing social structure." Nevertheless, they a reality in our time. The Soviet system, although do broaden their view somewhat by including perhaps not within the Lombrosian import, es- police brutality and other activities of public tablished mental clinics for political prisoners "who officeholders within the concept of political crime, moralize too much" or have "reformist ideas." 20 intimating that those in power can commit politi- Lombroso's contention, however, is not in ac- cal crimes.16 Similarly, among the classical authors, cord with other concepts of the political criminal. Louis Proal has postulated a broadened view of Havelock Ellis, for one, clearly distinguished politi- political crimes. Included in his definition are cal criminals from criminals with passion. Al- criminal offenses which are committed in the though Maurice Parmelee suggested that "in- course of political activities, such as theft from sanity of different sorts and other forms of mental public funds, corrupting police officers, or misuse of morbidity are more or less prevalent among these power by officials. 7 Although these expanded criminals," he found only slight differences be- views may appear to deny the relativity of political tween the pathological and emotional types, ob- crimes, they do seem to extend the concept to what serving that "rational" political criminals are "by may be termed pseudo-political criminal acts. far the least numerous." 22 Willem Bonger severely Franklin H. Giddings, who introduced the Eng- criticized Lombroso's stand, suggesting that "it 23 lish translation of Proal's book, took a different is full of mistakes and superficial observations." approach in defining the political criminal. Al- Nevertheless, it should be recognized that Lom- though Giddings did not exclude offenses commit- broso hinted at the function of emotions, a dimen- ted by governments and politicians for political sion which had been neglected by many philoso- advantage, he emphasized the fact that only the phers. And perhaps the theme of the political "powerless" can commit genuine political crimes. crime is emphasized through the role of emotions, He refers primarily to crimes against governments, 19C. LomBRoso, CR=E, ITS CAusEs AND REmEDixs such as treason, insurrection, and rebellion, but he 412-14 (1918); R. LAscm, LE Cxam PoI=nQuE ET defines the concept of the political criminal accord- LES RMVO-UTIONS (1892) (originally published as IL DELrrTO PoLiTico F LE rvoLuzlONI IN RAPPoRTo AL ing to crimes, not classes of criminals.8 Dxrro, ALL ANTROPOLOGIA CRMqnALE ED ALLA SCIENZA20 Di GovERNo. 11M. CrmrAD & R. QumNxY. CRnrmIL BEHAVIOR Mental Clinics for Political Prisoners,The Man- SYsTeus: A TYPOLOGY 177-87 (1967). Their selected chester Guardian Weekly, April 3, 1971 at 5. bibliography extends only to the last thirty years and 2 ELis, supra note 4, at 2. includes only American references. See id. at 187-89. " PARmELx, supra 1, 17 note at 462-46. See generally PRoAL. 13W.A. BONGER, CRMINALTY AND EcONOmC 18Giddings, Introduction to id. at v-xiv. CoNrmONs 648 (1916). STEPHEN SCHAFER [Vol. 62

both as an action-motivating power and as an THE "CoNVICTIONAL" CPMIINAL AND expression of the language of values and morality. His Dirn. Unlike Lombroso, Raffaele Garofalo seemed hesi- As an attempt to reconcile and correct the tant to include political crimes in his "natural different conceptions of the political criminal, crime" concept: considering mainly those which call attention to his passion and strong feelings for society, the How are we to contend that conspiracy or rebellion term "convictional" criminal is here proposed" to aagainst a lawful government is not a true crime? underscore the fact that morality Can there be anything more dangerous to the particu- and value sys- 4 lar society?2 tems are pluralistic ideas and that the political criminal is "convinced" about the truth and However, Garofalo raised the question of the justification of his own altruistic beliefs. This ele- sympathy which political offenders often receive ment of "conviction" speaks to the settled belief from even their bitterest enemies and suggested in the conscience of the political criminal which that political crimes do not "violate the altruistic makes him feel that he has a rendezvous with sentiments." 25 A somewhat similar stand was destiny. Conviction serves as a distinguishing taken by Enrico Ferri. While he was arguing with factor in discriminating political criminals from Napoleone Colajanni, who advocated political ordinary offenders, as well as from the pseudo- crime as an independent category, 26 Ferri con- convictional criminals who do not really differ tended that the political offenders are not crimi- from ordinary criminals. The political criminal may nals, but are "honest and normal men misguided be "convinced," for example, that it is not "law- 27 ful to kill in order to secure the triumph of a by their political ideas." He called them "evolu- 4 tive" or "politico-social" criminals, who tend "in cause," but he will proceed to disregard the law a more or less illusory way to hasten the future nonetheless. In contrast with the convictional criminal, the phases of politico-social life." 21 In the same vein, Maxwell contrasted the "retrograde" criminals conventional offender almost always acts to fulfill his ego or his personal interest, and his acts often with those wo are "antrograde" offenders, de- 5 fining "ant~rograde" offenders as those who find lack an overarching significance.8 Although the social evolution too slow.29 occasional criminal may steal a loaf of bread when Maurice Parmelee viewed the concept of the hungry, shoplift a golden ring if overcome by de- political criminal as a confrontation between the sire, or kill another out of jealousy, it is his hunger, government and those who are against its polity his desire, or his quality of emotion against his "in interest of the public." 0 Havelock Ellis, how- rival which drives him to act. He must be stimu- ever, called them victims of an "attempt by a lated by personal need, wish, or agitation of mind. more or less despotic government to preserve its When the professional criminal burglarizes a bank, own stability." 31 And even Willem Bonger con- he acts for his personal gain. When the drug addict tended that the political criminal acts "for the forges a medical prescription, he does so to satisfy benefit of society," for "the opporessed classes, and his personal attachment to narcotics. Indeed, consequently [for] all humanity." Faithful to when one who is mentally sick is guided to homi- his general approach to the crime problem, Bonger cide through ill-conceived delusions, those delu- maintained that the political criminal was a sions are symptomatic of his mental illness. "homo nobilis" who reflected economic condi- The convictional criminal, on the other hand, tions.n has an altruistic-communal motivation rather 24 than an egoistic drive. It is not altruistic, however, R. GARorALo, CRrOINOLOGY 37 (1914). in the sense that his regard for the personal in- 21 Id. at 37, 217. 2161 N. Co.AjANI, SOCIOLOGIA CRimNALE 352 terests of specified individuals is the basis of his (1889). action. Homicide as a revenge for another person 2 E. FERRI, CxrDmonA SocIoLoGY 163 (1917). 21Id. at 335. mThis was first proposed in Schafer, Juvenile Delin- 2J. MAxwELL, LE CoNCEPT SocIAL DU CRn 52 quents in "Convictional Crime" 1 INT'L ANNALS OF (1914). CUMHNOLOGY 45-51 (1963). 30 PuRu E=z, supra note 1, at 454. 3 POAL, sura note 5, at 50. 33,Euis, supra note 4, at 1. 3 See S. ScAFER & R. KNU=N, JUVENILE DEirm- 2BONGER, supra note 23, at 648-55. QuENcY: AN IN RODUCTION 165-68 (1970). 1971] THE POLITICAL CRIMINAL or stealing food to feed the family are not convic- and order and his condemnation of ordinary selfish tional crimes, though they were committed for crime. The other is his conviction of the justice another's sake. The convictional criminal's altru- of his cause and his assumption that only crime ism is a nonpersonal cmmunal experience, aiming can promote it. Although he struggles to reconcile at some sort of social change. That experience may these two contradictory responsibilities and feels be directed at changing the social total, a segment tormented by the conflict between them, the con- of it, or just a single social issue related to the victional criminal commits his crime out of a sense community's governmental, social, moral or re- of convinced obligation. Because of the power of ligious ideals. His altruism is communal not only his conviction, he cannot refrain from violating because it may come into conflict with the pre- the law, even at the sacrifice of his life, his freedom, vailing power structure, but also because his and his loyalty to the rule of law. Although the violation of the law is intended to legitimate social legendary hero, may have disapproved of robbery, ideas through crime, and his deviance contem- he committed the act frequently in favor of the plates social progress. The legendary hero who poor. Though the Resistance member may have robbed the rich to give to the poor, the suffragette condemned violence, his conviction in his cause who agitated for the women's vote to force changes overshadowed any sense of repugnance to en- in the law, the members of the Resistance who gaging in violent crimes to expel the invader from injured others to hamper the invader, and the the fatherland. The counterrevolutionary knew counterrevolutionary who killed to crush an op- that homicide was a capital crime, yet he killed for posing ideology all represented altruistic-communal the good of his nation. ideas and ideals. They committed crimes because they were convinced of the justice of their beliefs TnE INSmumENTA.=ITY OF and because crime appeared to them to be the CONvICTIONAL CR=s best available means to express their unselfish The power of his ideal causes the convictional concerns for their social groups. criminal to commit crime. Since he views crime as Magnified by his conviction, the convictional disobedience to the laws of his society and as an criminal's ideal looms large, overshadowing his evil deed against law and order, however, his in- crime. This conviction does not stem from his ternal conflict does not result from fear of penal passion, however, for he is not "passionate" un- consequences. Although he may show signs of less "passion" can be identified with emotions in 3 6 anxiety and agitation, they are not directly asso- general While the convictional criminal does ciated with the crime itself. Crime is not his main not discount the implications of crime and punish- purpose but only an act that intervenes between ment, this is not because some passionate outburst his convictional decision and the achievement of would cloud his consideration. He holds his al- his ultimate idea. It is merely a fool which may truistic-communal belief frigido pacatoque animo, lead to similar crimes and eventually to the suc- with a "cool and peaceful mind." This is why he is cess of his cause. Consequently, his violation of the able to "convince" himself. If his conviction ap- law is not a self-contained behavior, but is an pears colored with emotion, this can be attributed "instrumental crime" for ideological purposes. The to the fact that no moral decision-making is legendary hero's goal was not robbery but aid to possible without some sort of emotional involve- the poor. Nevertheless, the commission of a crime ment, and also to an inner dilemma which he puts a temporary end to the convictional criminal's must resolve before turning to crime. anxiety. Although he may not yet have realized A genuine convictional criminal cannot escape his goal, he sees his crime as a necessary step this dilemma. He inevitably faces an internal toward it. His tragic dilemma is resolved for the clash between two antagonistic beliefs which time being and his psychic balance is restored represent a nearly insoluble and tragic contradic- through the force of the conviction that led him to tion between moral and social demands. One commit the criminal act. His intellectual response belief is his loyalty to the general principles of law to his own crime therefore proceeds in a specific 36'assion" was the term used by older writers when direction. referring to emotions in general, but it is now reserved Since the. ordinary criminal undergoes relatively for violent emotional outbreaks. See J. DwREVE, A DicTIoNARY op PsychoLoGY 199 (1952). minimal internal struggle before committing his STEPHEN SCHAFER [Vol. 62

crime, his anxiety is confined mainly to careful TiE PSEUDO-CONVICTIONAL CRIMINAL planning, maintenance of security, and successful criminal action. The convictional criminal, on the Not all who commit crimes to promote the tri- other hand, is often less concerned with the actual umph of an altruistic-communal cause, however, mechanics of his crime. Although his excitement are genuine convictional criminals. Not all con- template may be greater, he seeks a difficult goal that goes the justice of the ideal that leads to a well beyond the crime itself. While the conven- conviction nor are all tormented by the tragic tional criminal is often restless after the crime has dilemma of loyalties which is a necessary condition been committed, because of pangs of conscience, for becoming a true political criminal. "The activist fear of arrest, and other upsetting conditions, the is tempted by opportunism, the urge to adjust his convictional criminal's conscience is satisfied and arguments to meet every change in political for- his previously upset balance is restored. tune," and "the scientist faces the danger of los- Since every breach of secrecy may jeopardize his ing touch with common political concerns." 7 The success, the conventional criminal places great large proportion of "pseudo-convictional" crimi- importance upon security. Planning, preparation, nals and their skill in hiding their criminal op- and the location of his hiding place are kept confi- portunism pose the greatest problems in singling dential. He does his best to maintain security out the genuinely "convinced" criminal who among his accomplices and, to an extent, even deviate only for the idea of social change or an among his victims. Any form of publicity presents altruistic-communal issue. Devising an objective a danger to the ordinary criminal. In contrast, the method to detect the genuine political criminal by convictional criminal, with his altruistic ideology, examining the functional role of his "conviction" not only places less emphasis upon secrecy but 'could bring us closer to a uniform concept of the frequently welcomes publicity. He hides and dis- political criminal. guises his activities only to promote his communal Many pseudo-convictional criminals simply use goals. Dramatic publicity of the crime is therefore the convictional ideal as an excuse for their own almost a necessity for the convictional criminal selfish criminal acts. Moved by love of adventure, because it maximizes the public's understanding psychopathic deviation, justification for avoiding of his actions. Jesus, by claiming to be the Christ, constructive work or hope of gain, the pseudo- the King of the Jews, was automatically commit- convictional offenders may join forces with the ting treason against Rome, but his doing so at- true convictional criminal and produce the crimi- tracted millions of followers generation after nality and "immorality of political maxims." 8 generation. Tales of the robberies of the legendary Friends of the legendary hero joined him because hero and the dramatic stories of Resistance of their thirst for adventure. Some followers of the members' deeds served to direct attention to the Resistance saw merely the opportunity to satisfy plight of the poor or to recruit new fighters and their criminal inclinations. Some participants in excite the general populace to join the uprising. counterrevolutionary activities sought only future Publicity about convictional crimes almost in- or immediate personal gain. These were not genuine evitably leads to further crimes. As the convictional convictional criminals serving an ideal but indi- criminal disseminates his ideals to more members viduals after selfish, individualistic goals which of his society, the number of convictional crimes they sought to achieve through crime. tends to increase. His crime may serve as an exam- Any aggressive idealistic movement is likely to ple to would-be followers. Since the convictional have both convictional and pseudo-convictional crime may even be supported by public opinion, participants. While the convictional political punishment of of the offender may fail to deter criminal has a moral base, the pseudo-convictional later convictional crimes. Moreover, martyrdom offender corrupts an otherwise honorable dispute may serve only to interest others in the given ideal over the pluralistic nature of values. The pseudo- and to recruit members for other convictional convictional political criminal is dominated by his violations of the law. The acts of the legendary personal goals. He uses convictional ideals as an hero stimulated and encouraged others to over- excuse to steal, rob, or murder or to incite others come their inhibitions and join him in robbing the to do so. Unlike the young Robespierre, who re- rich. As the counterrevolutionaries' fight for free- dom touched the consciences of fellow citizens, 7 The Laws Behind Disorder. The Times Literary Supp., March 19, 1971 at 309. they joined in the rebellion. 3 PxoAL, supra note 5, at 1-23. 1971] THE POLITICAL CRIMINAL signed a judgeship rather than inflict the death self a public figure and proposes a profound trans- penalty, the pseudo-convictional "politician" formation of society without making known his aspires to the chair of a judge even at the price of real goals. inflicting capital punishment. Thus, he appears at While we always hope to isolate and eliminate a respectability-level even lower than that of a the pseudo-political criminal, he endures among us, pick-pocket or a bankrobber: the latter, at least, and his increasingly forceful activity often over- honestly admit their egoistic aims. Also, the shadows the ideals of the genuine rnnvictional pseudo-convictional offender is more dangerous criminal. As a result, faith in his ideals may falter than any other criminal type because he victimizes and the concept of the genuine convictional crimi- the collectivity. He is even more dangerous than nal may give rise to its only alternative: the con- the true political criminal because he makes him- cept of the pseudo-political criminal.