"All criminals have blank records until they are caught"

The telling quotation about "blank records" comes from “Grievous Sins,” Faye Kellerman’s mystery novel (NY: William Morrow, 1993, p. 280).

A defendant’s prior criminal record constitutes an important criterion for making decisions about his future. But a criminal record is usually an inaccurate indicator of the damage the perpetrator has caused.

Rarely is a person caught the first time he commits a crime. (An exception might be that of a young child who pilfers a candy bar or toy only to have a parent discover it.) In forty years of forensic psychological work, I have evaluated numerous defendants who have committed serious crimes such as rape and homicide. Many of these men and women had “clean” records except perhaps for minor traffic offenses. I discovered that, unknown to law enforcement authorities, these individuals had committed numerous crimes. Having outsmarted even people who believed they knew them well, they excelled at what they did. One man explained, “Doctor, you go to your job, and I go to mine.” Daily, he worked the streets, engaging in multiple drug deals and shoplifting as he wandered in and out of stores. If he had “worked” five days a week, his criminal output would have resulted in scores of illegal acts in just one month. His only actual arrest was for “carnal knowledge of a minor.”

Another observation in Faye Kellerman’s novel is made by detective Dexter, who comments, “Ain’t no petty criminals, Counselor…just petty crimes” (p. 340). In other words, behind so-called petty crimes resides a personality that inflicts injury in many other ways.

Alicia wheeled a cart with two hundred dollars worth of groceries out of the supermarket and was about to head to her car. She was stopped and detained by a security officer who called the police. Alicia claimed that she never had done anything like this before and was at a loss to explain why she had done it then. Alicia had more than enough money in her purse for pay for the items. The young woman explained that she had been severely depressed, wasn’t sleeping well, and was on the outs with her boyfriend. She maintained that she was preoccupied, in a fog, and wasn’t paying attention. During a lengthy psychological assessment, Alicia revealed that when she was in college, she and her girlfriends shoplifted items they didn’t need or ever use. The “motivation” was the excitement of selecting a place, casing it out, pilfering the items, then eluding security. Alicia experienced difficulties in interpersonal relationships because she was controlling and dishonest. Her intelligence, good looks, and engaging manner hid a dark side of her personality.

Walter had committed an especially gruesome homicide, bludgeoning his mother to death. He had no criminal record during his forty years on this earth. Had he been arrested and convicted for every criminal act, he would have spent years incarcerated. His surface congeniality, intellectual acumen, and an ability to size people up for his own purposes enabled him to get away with massive stealing, illegal drug use, and fraud. His horrific crime seemed to be that of mentally ill person, not a criminally inclined individual. He pled “not guilty by reason of insanity.” The jury sentenced him to life in prison. Although jury members never knew the extent of Walter’s prior criminal conduct, they were presented with ample evidence at trial that Walter had lacked empathy, harbored intense rage at people who did not meet his expectations, and sought to impose his will on others, especially when it came to the person who cared most about him – his mother.

Before killing his mother, Walter appeared to be at worst a petty criminal who committed petty crimes. But the fact was that he showed concern for no one but himself, was oblivious to the pain he caused others, and he looked down on people because he believed himself to be superior. Walter’s criminality pervaded his entire personality and resulted in harm to nearly everyone with whom he interacted. Behind the handsome face and keen intellect resided a monster.

In short, a criminal’s “rap sheet” or criminal record is likely to indicate only how many times he miscalculated and slipped up. It constitutes his official record of “failure” but does not begin to reveal the true scope of his criminality.