Eliot Stein Interviews Alan Dershowitz
©Eliot Stein 

Attorney, scholar, professor, author, columnist, commentator and
civil libertarian Alan Dershowitz shares some of his thoughts.

ELIOT: Alan, it seems that it is now easier to get out of jail in
real life, than it is in Monopoly! Has the "abuse excuse" gone too far?

ALAN: The abuse excuse has gone too far in the small number of cases
where it has succeeded. For example, Lorena Bobbit was not
insane. She was angry, vengeful, and there are those who would make a
hero of her. Even if she was abused, that is no excuse for taking the
law into her own hands.  Both she and her abuser should have
been punished.

ELIOT: Alan, I understand that the evidence in that case
"wouldn't stand up in court."

ELIOT: The "abuse excuse" seems to follow our country's huge interest
in sensationalism! Who do you blame? The courts? The public? The
judges? The juries???

ALAN: I blame the TV talk shows in part for creating this atmosphere
under which everybody has an excuse for something. I blame TV
for presenting a steady diet of sensational cases. I blame 
the media for not reporting properly on allegations.

ELIOT: How do you balance public comment on criminal cases vs. ethical constraints against doing so.

ALAN: Not only are there no ethical restraints about commenting on
public cases, lawyers are encouraged to help educate the public.
The only restrictions are on lawyers commenting about their
own cases during the jury phase of a case.  Since I am not a trial
lawyer, this restriction does not apply to me--even in my own cases.

ELIOT: I believe there was a recent case conducted by the 
Southern Poverty Law Center in which the KKK was held responsible for
the murder of a black man, who was killed by two white man who alleged
they had been influenced by the teachings of the KKK.  The mother of
the victim was awarded a huge sum of money, which effectively wiped out the
financial support of the KKK in that state. Where does the
fine line of responsibility prevail?

ALAN: No organization should be held responsible if people merely are
influenced by their constitutionally protected rhetoric.  In the KKK
case I believe the allegations went beyond mere influence. Every
individual should be held responsible for their own actions and
should not be permitted to blame the KKK, Right to Life 
or even abuse.

ELIOT: You wouldn't censor talk shows or "brilliant"
Twinkie defenses. Any specific reforms then?

ALAN: I would require judges to exclude irrelevant evidence such as a
history of abuse, sugar overdose, or other factors unless the defense
could fit it into a traditional existing defense. If the defendant
were convicted I would allow all this stuff to come in for purposes of
mitigation in sentencing.

ELIOT: 
I am curious, if you can reconcile your position (that people should be
able to resist their criminal impulses) with leading edge research
in neuroscience.....It seems to say that there is a mind-body unity
that physical changes take place in the brain when it hears, sees,
senses, etc. by growing "Physical" memory pockets that change
personality and therefore influence behavior almost as if they are a form
of physical battery.

ALAN: To understand is not necessarily to forgive.
The more we learn about the complex causes of human behavior, the more we
must insist individual responsibility, else everyone will
have an excuse for their conduct.  Remember that most abusers were
themselves abused. We must break this cycle of violence by imposing
responsibility rather than by accepting abuse as an excuse.

ELIOT: Where will the impetus for change in the legal
system come from to bring about responsibility for actions rather
than the supposed rationale for actions...medicine, politicians…
Grass roots?

ALAN: The impetus for law reform generally comes from the grass roots.
Interestingly though, at a time when many Americans want to get tough
on crime there also seems to be a soft spot for certain excuses.
True, however more professional communities are advocating
mind-body-chemistry basis for behavior. Most of these questionable
results have been produced by ordinary folks who serve on juries.
The reform must therefore come from judges who preside
over jury trials.


ELIOT: Your thoughts then on the relationship between
personality disorders and substance abuse and using it as an excuse?

ALAN: Voluntary substance abuse-whether drugs, alchohol or
nicotine- should never be an excuse.  Everyone knows that taking
certain substances may predispose you to certain actions and you are
responsible for those actions.


ELIOT: Alan, with the busy mental activity you are involved
in all the time, what do you do for relaxation or hobbies???

ALAN: I love music. I play and watch basketball. I try to jog about an
hour each day.  And most importantly, I really love my work.