The University of Texas at Austin

Law in Popular Culture collection

ALSA Forum 
Volume 6, Number 2 (1982)
reprinted by permission Legal Studies Forum

LITERARY PERSPECTIVES ON
MURDER

RONALD BAUGHMAN
College of Applied Professional Sciences, 
University of South Carolina

     Murder is horrifying; it is also compelling, in real life and
in literature. In Cold Blood, Truman Capote's account of the
destruction of the Clutter family by Perry Smith, contains this
confession by the murderer:
... we never used the lights again. Except the flashlight.
Dick carried the flashlight when we went to tape Mr.
Clutter and the boy. Just before I taped him, Mr. Clutter
asked me-and these were his last words-wanted to know
how his wife was, if she was all right, and I said she
was fine, she was ready to go to sleep, and I told him it
wasn't long till morning, and how in the morning somebody
would find them, and then all of it, me and Dick and all,
would seem like something they had dreamed. I wasn't
kidding him. I didn't want to harm the man. I thought
he was a very nice gentleman. Soft-spoken. I thought
so right up to the moment I cut his throat." (p. 275)
     Within this scene, we see Smith's surprising tenderness for
his victims, his concern that Mr. Clutter not be worried about
his wife, Smith's confusion of reality with a dream. This
poignant yet brutal passage reveals as well Capote's skill in
influencing his audience. 
     Writers throughout history have dramatized murders in an
effort to explore the nature of human guilt and innocence.  In
the process of devising a literature course on this subject for
Criminal Justice students in the University of South Carolina's
College of General Studies, I realized that a central concern
would be the author's point of view on the material-how the,
author's perspective influenced our judgments about the criminals
and their actions. To pursue this question, I divided the course
into two major parts. The first concentrated on acts of murder
by individuals. The class and I attempted to discover the
psychological basis for one's committing murders, and considered
the role of the victims, the process of police investigation, and
the court proceedings. The second stage of the course expanded
the concept and act of murder to its logical limit: that is, to

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murder on a national scale as typified by Nazi Germany and its
death camps. The one requirement I used for selecting books
was that each work be based on an actual event and be
presented either as a factual documentation or as an artistic
recreation of that event. Once the subject matter was decided
on, the primary task in treating a literary dramatization of
murder remained: to determine how the author's selection and
arrangement of materials influenced readers' judgments about the
criminals and their actions.
     Some of the authors we read, like many other writers
throughout literary history, became obsessed by characters they
found philosophically repugnant. Why? The answer lies in part
in the process of character creation. One of the great powers
of a writer's mind is its capacity to move directly into the skin
and bones of a character, though the character may be
completely alien to the author; in this case, the writer enlists
imaginative powers to recreate the probable thoughts and
feelings of a figure primed for or in the act of murder. In
order to render the criminal mind believable, the author may
directly identify with the character, giving emotional and logical
validity to the murderer's action. And with this complex
representation of the character may come a blurring of the
seemingly clear line dividing guilt and innocence. Herein lie
both the power and the difficulty of authorial point of view.
     Truman Capote originally intended to focus upon the
tragedy inflicted upon a nearly "perfect" American family living
an idyllic Midwestern life, to consider how such a family could
be suddenly and violently murdered for no apparent reason. But
once he began exploring the minds of the men involved in the
crime, particularly Perry Smith, Capote's concerns shifted from
the Clutter family to Smith. The structure of  In Cold Blood
contrasts two contradictory worlds: one populated by decent,
God-fearing people, models of small-town friendliness and
goodness, and one haunted by the nightmarish embodiment of the
murderous psychopath. It is in the latter world that Capote
finds his true subject.
     The murderer Perry Smith grew up as a physically and
psychologically abused child. His parents traveled the rodeo
circuit, and his mother became an alcoholic prostitute who died
by strangling on her own vomit. His father-the self-styled Lone
Wolf-was a fabricator of grandiose dreams and a man of
incredible violence. In a quarrel over a biscuit, for example,
the father pointed a .22 rifle at his son and said, "Look at me,
Perry. I'm the last thing living you're ever gonna see." By mere
chance the gun was not loaded. Violent like his father, Perry

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also inherited from Smith, Sr., the tendency to wish for
impossibilities. He dreamed of riches acquired by finding buried
treasure in sunken ships, though he could not swim and would
not even wear swimming trunks, since his legs and been terribily
scarred in a motorcycle accident. Smith also longed to be a
nightclub singer, though he had no musical talent or training.
Much of his youth had been spent in orphanages and reform
schools where he had had to fight his way from childhood to
adolescence to manhood. His only reliable companion was a
bizarre imaginary friend: a gigantic yellow parrot, in Perry's
own words, "taller than Jesus, yellow like a sunflower" that
swooped down as a "warrior-angel" and attacked his offenders-
as he said, "slaughtered them as they pleaded for mercy" and
then gently lifted Perry to Paradise.
     Smith is, of course, factually guilty of murdering the
Clutter family. Yet we as readers feel a stronger sympathetic
impulse towards Perry than we do towards Dick Hickcock
even-shockingly-towards the Clutter victims. Why? Because
Capote carefully provides the horrifying background of Smith's
life before the grisly details of the murder scene. Consequently
by the time Perry and Dick are captured and jailed, readers
already understand why Smith would fly into a psychotic rage
'and kill this family. In short, before Smith and Hickcock are
brought.to trial, the reader has already reached a verdict: that
Perry Smith is not responsible for his actions, that the blame for
his actions lies with the forces that created him, not with the
individual himself. At least that seems to be the point Capote
would have us reach.
     Therefore, according to the author, a second instance of
murder in cold blood comes with the trial and execution of
Smith and Hickcock. The judge, lawyers, and jury members go
through only the motions of a real trial. And, indeed if his
representation is even slightly accurate, Capote is correct in
calling the trial a travesty on justice. The reader now becomes
a judge of the legal system itself. But unlike actual judges or
jury members, we have been given information about the 
murderers that in a real trial would probably be inadmissible
would probably be considered totally irrelevant.
     And herein lies our problem. Where does justice reside?
Because Capote has made us understand and even care for Perry
Smith, we feel that he should somehow escape the ultimate
punishment. (Ironically, very few readers feel much sympathy
for Dick Hickcock; in class after class, my students have
proclaimed that he certainly deserved to be hanged-although he
was, in fact, little more than a flashlight carrier for Smith). In

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his effort to probe and to convey honestly his portrait of the
murderer, Capote makes us accept the proposition that there can
be no absolute, certain justice. This is probably an accurate
assessment of the situation; yet, in addition, he causes us to
some extent-and contrary to his initial purposes-also to forget
the victims.
     In contrast to Capote's In Cold Blood, Judith Rossner's
Looking for Mr. Goodbar adopts the perspective of a rape-
murder victim. Although the rapist/murderer, Gary Cooper
White, shares many personal characteristics with Perry Smith,
Rossner scarcely concerns herself with his ruined life and
descent into crime. Instead, this writer illustrates how one
woman virtually guarantees herself a meeting with White, almost
as if Theresa Dunn is committing suicide and simply employs
White to carry out her execution for her.
     Like Capote, Rossner in the act of creating her book
changed her purpose. Originally she set out to report on and to
expose the murky subculture of New York City's singles bars,
using an actual murder of a young woman as her point of
departure. The author's initial attitude towards the victim was
not at all sympathetic. But in the process of writing about
Theresa Dunn, Rossner's fictionalized version of the actual
murder victim, the writer became both haunted and terrified by
this woman's life. The author quickly realized that Theresa was
emblematic of a whole society of women who desperately seek
human connection. The emblem expanded into a statement about
the conditions under which some women live, painfully depending
upon their sexuality to gain even the smallest measure of favor
and concern.
      As Rossner portrays it, Theresa Dunn's life is a string of
broken relationships with men who mistreat her. Her father is
cold and distant; a professor with whom she has an affair is
cruel and insensitive; and the men with whom she later shares
casual, chance sexual encounters profess love but in reality use
her only for their sexual gain. Because she has been repeatedly
rejected by "normal" men, she begins to think of herself as
repulsive and worthless. Almost to reinforce her self-loathing,
Theresa transforms herself from a respectable school-teacher
during the day into a degraded figure haunting bars at night and
seeking sexual debasement for herself. With each male she
encounters, she demands more and more violence in love-making
to satisfy her self-concept. Her most constant lover, Tony
Lopanto, is a brutal punk who beats and virtually rapes her.
And when Tony rejects her, Theresa almost wills herself to
meet-once and fatally-her final, most violent, and thus most

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fulfilling lover, her murderer, Gary Cooper White.
     These first two books demonstrate clearly that the author's
point of view greatly influences the readers' judgment about the
protagonists. Consumed by Theresa Dunn's story, Rossner's
audience has no real interest in and no compassion for a male
figure who is virtually a duplicate of Perry Smith, the man for
whom Capote causes us to feel great sympathy. The class now
begins to see how an effective case can be made by a skillful
author either for or against a character. Students thus learn
that they must question a writer's approach in order to
determine in what ways and with what legitimacy the author is
manipulating their feelings and judgments. And once the
students realize that questions of guilt and innocence are much
more complex than a single either/or equation would imply, they
begin to see as well the difficulties involved in the criminal
justice profession.
 Curiously, very few serious works involving murder are
written from the point of view of the prosecutors. One
excellent work that does offer such a vantage point is
Helter-Skelter by Vincent Bugliosi with Curt Gentry. From
Bugliosi's perspective, the criminals and victims are seen in
relatively impersonal ways. He offers little sympathy for the
victims-the Hollywood Beautiful People butchered beyond
recognition in the Tate/Polanski household and the LaBiancas, a
Clutter-like family in the suburbs. He is deeply interested in
Charles Manson, the mastermind behind the murders, but his
interests are guided primarily by the challenge of matching his
wits with a formidable adversary. Bugliosi does not intend to
arouse sympathies for Manson, although, again, Manson's life is
amazingly similar to Perry Smith's; he was the product of a
broken home, had a sexually indiscriminate mother and an
unknown father, experienced reform schools and prisons as
substitutes for home, and was preoccupied with bizarre personal
dreams that ranged from his becoming a successful musician to
his becoming a world dictator. Manson's life, like Smith's, can
be seen as a search for the family and home he had never really
had. Unlike Capote, however, Bugliosi does not intend Manson
to be seen as society's victim; rather, normal society becomes
Manson's victim as he gathers about him a collection of young
men and women whom he labels-in a perverse twisting of our
normal associations with the word-the Family. Manson teaches
his Family to have no moral restrictions, but instead to indulge
in all of society's taboos. By striking a direct counterpoint to
usual social norms, Manson educates his Family to be freed from
society's bonds; he teaches them to feel no guilt about any of

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their thoughts and actions. Ironically, of course, without a sense
of guilt they become the most heinous creatures of all, losing
any humanity and compassion either for themselves or for their
victims
     If neither the murderers nor the victims are Bugliosi's
major concerns, then who or what is? First, the writer
dramatizes the difficulties involved in the process of bringing a
criminal to justice. In fact, Bugliosi castigates all the members
of the state's and the defense's teams-the LAPD, the Sheriff's
Patrol, the detectives, the prosecuting and defense lawyers, and
the judges -as incompetent and blundering. Because of inter-
departmental rivalries, for instance, the state's team mishandles
and even loses valuable evidence that could have convicted
Manson almost immediately. The only person in the entire book
who is without blame or error is, perhaps not surprisingly,
Bugliosi himself. He adopts an almost omniscient role: he is the
one official who is capable of doing right as well as of
determining who is guilty and who is not. His point of view
seems to be that, had it not been for him, Manson and his
followers would probably not have been captured or brought to
trial and convicted.
     The central concern of the book is Bugliosi's triumph of
wits over his adversary Charles Manson. Bugliosi's prosecution is
based on the concept that the actual murderers-the individual
Family members who so brutally stabbed and shot the Tate/La
Bianca victims-were not really as guilty as Manson, since they
were created and controlled by him and were consequently
merely following orders. Manson's orders were to create a
murder scene so horrible it would create social panic. Certain
black power slogans written in the victims' blood were intended
to convince white America that the murderers were black and
thus to initiate a race war. The race war in full swing, Manson
would lead his Family to safety underground. The blacks'
triumph certain, they would by necessity seek a leader, since
blacks clearly could not lead themselves. Naturally, they would
turn to Charles Manson, who would then kick them into
submission. Manson would thus become the dictator of an entire
society of murderers, where anything and everything was
sanctioned.
      In Helter-Skelter, the author does not present a loner who
incidentally murders, nor a victim looking for a murderer, as in
the previous two works. Rather, we see murder carried out as
device of a twisted political policy. According to Bugliosi,
Manson is, of course, guilty; those who carried out the murders
are less culpable; those who were Family members but did not

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actually participate in the slaughters are relatively blameless.
This assessment of degrees of guilt seems quite sound, yet
Bugliosi does not evaluate members of the Family solely on
rational principles. Rather, he also responds, like the other
authors examined, in quite subjective ways, detesting some Family
members and liking others for their personal qualities. For
example, he chooses Linda Kasabian as star prosecution witness
because as a Family member in good standing she can provide
valuable information about Manson's control of the group.
Kasabian also has not participated directly in the murders so
that she is, at worst, an accessory to the plan's conception. Yet
quite clearly Bugliosi is also personally drawn to the young
woman; of her he writes, "She was a quiet girl, docile, easily
led, yet she communicated an inner sureness, almost a fatalism,
that made her seem much older than her twenty years...Linda
bore a distinct resemblance to the actress Mia Farrow." The
prosecuting attorney thus bases his judgment of Kasabian, as
witness and as person, both on professional criteria and
emotional response. This is the same kind of attraction that
causes Capote to plead for Perry Smith, or Rossner to exonerate
Theresa Dunn, though some of their readers find these authors'
stances to be indefensible. Nonetheless, Bugliosi does, as we
know, win his case, and many of the guilty are convicted and
imprisoned. But one cannot help wondering whether all of the
guilty have been tried.
     Manson's psychotic vision of himself as Dictator to a society
of murderers seems ludicrous to us; yet such an insane world is
exactly what was created when Adolf Hitler, Manson's idol, came
to power in Nazi Germany. When we read about the brutal
slaying of an innocent family in Kansas and, later, about the
hangings of the two men who killed the family; when we read
about the brutal rape and murder of a lonely woman in New
York; when we read about the savage stabbing and shooting of a
group of Hollywood Jet Setters and of a suburban grocery store
owner and his wife-when we read about these heinous crimes,
we are filled with outrage or pity. But had all these victims
died in the Third Reich concentration camps, they would have
occupied only a few moments of the Nazis' busy daily schedule
In fact, in one death camp alone, 2,000 Clutters, Theresa Dunns,
Tate-LaBiancas went to the showers and ovens every day, until 
approximately 12 million people had been murdered.
     In the literature concerning the Nazi death camps, common
standards of moral behavior and justice, implicit in the books
previously discussed, no longer apply; instead, brutality and
murder become the norm, become the official policy and the

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daily reality.  But  importantly, not only did the Nazi officials
prove murderous and brutal,  the victims themselves became
active participants in the horrors; to engage in the violent
rituals was the only mode of survival left to them. The
Germans forced each prisoner to play a dual role, as victim and
as executioner.  The lowest functionaries in the camps were
prisoners who soved other prisoners into the ovens. If they
failed to perform their duties, they too joined the throngs on
the way to the gas chambers and crematoria.
Because of the complete reversal of normal moral codes in
that world, the authors writing about the camps often adopt an
omniscient, seemingly nonjudgmental point of view. They want
their readers to see and to feel, without direct authorial
tinterpretations what the camps were actually like; also through
their own flat, sometimes cold voices, they attempt to show us
the final debasing effects of the camps: that even writers,
people who are supposedly endowed with great powers of
sensitivity, intelligence, and wisdom, are rendered unable to feel,
to judge, to express moral outrage. The dehumanization process
felt by the writers is an essential result of the death camps. In
the utterly depraved world of these camps, judgments seem quite
impossible.
     Out of the literally hundreds of excellent fiction and non-
fiction works about the death camps, two particularly illuminate
our central theme.  One of the most wrenching works is the
too little read This Way for the Gas, Ladies and Gentlemen by
Tadeusz Borowski.  Born in the Ukraine in 1922, Borowski at the
age fo four saw the Russians incarcerate his father in a Siberian
labor camp, and at eight witnessed the imprisonment of his
mother in another Siberian camp. At the age of seventeen, he
himself was sent by the Germans to Auschwitz. He spent the
next six years there and in other camps. Following his
liberation in 1945, Borowski lived in Paris until, in 1951, he
succeeded, on his third attempt, to kill himself. He was not
quite thirty.  His friend, the literary critic Jan Kott, says of
this young poet and fiction writer, "For Borowski, the son of
Soviet prisoners and the posthumous child of Auschwitz, the
whole world is a concentration camp-was and will be."
     Borowski's icy detachment becomes one of the most
terrifying elements of his work; yet this detachment is not a
pose but en emotional necessity. His work records the depths to
which human beings degenerated in the camps. He frequently
witnessed one of the favorite sports of the guards-placing a
shovel across the neck of a prone prisoner and jumping on the
handle until the prisoner died. He saw the Nazis' perverse

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medical experiments and the mad Kapos' collections of human 
skin, hair, and bones, and soap made from human fat.
He reports the boast of a prisoner named Becker that he had 
personally hanged his own son because the boy had stolen bread.
In fact, many learned that in order to survive they had to 
betray friends and even members of their own families.
Borowski himself worked at various jobs in the camps, from
stacking bodies of infants to stripping other prisoners of their 
belongings as they disembarked from the trains. He learned to 
plunder whenever he could in order to purchase extra supplies. 
     Throughout his work, Borowski uses the image of people as
ants, ants that merely function but do not think or feel. And
like a dispassionate entomologist, he reports the ants' actions but
offers no judgments. The only moral stance that mattered in the
camps, he writes, was that "The living are always right, the
dead are always wrong." Borowski's suicide, an act duplicated
by thousands of other former inmates, testifies to the
pervasive-and continued-destruction produced by these camps.
     Edward Lewis Wallant's powerful novel, The Pawnbroker,
extends Borowski's view that the world of the concentration
camps becomes internalized and thereby molds one's perspective
towards life beyond the camps. Sol Nazerman, Wallant's
protagonist, has survived the death camps where he witnessed
the murders of his son, daughter, and wife. Though he moves to
the presumed safety and freedom of the U.S., he has been so
brutalized by the Nazis that he can no longer feel anything for
others or himself. He operates his prison-like pawnshop in the
crime-infested streets of a New York City slum and treats his
desperate, begging customers almost as cruelly as the Nazis have
treated him. As he stands behind the iron bars of his
pawnbroker's cell, Nazerman engages, unmoved, in the bartering
these unfortunate people offer: They want something of value
from him, but he has nothing to give. He feels no culpability
for his own illegal and immoral actions, no grief for his
customers' predicaments, no interest in their dreams and
aspirations, He almost succeeds in becoming a complete
automaton as he attempts to block his memories. Yet,
surprisingly, the death of his apprentice, Jesus Ortiz, who
sacrifices himself to save the pawn-broker's life, awakens in
Nazerman what he has worked so hard to suppress. He is
shocked to discover that he can feel grief. Once he allows
himself to grieve for Jesus, he also learns how to mourn all
those others he has lost. Wallant's final view of Nazerman
offers the qualified affirmation remaining to these survivors
Out of one's learning to grieve-to recognize and to cry out

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against injustices-comes the chance for a renewed life.
     What can be said, finally, about literary treatments of
murder? These works raise important questions about our
definition and implementation of justice. Because writers are
not restricted to mere factual data but instead transform fact
into comprehensible human truths, they may offer the most
profound explorations possible of criminal minds. According to
one literary masterpiece, the very first murderer, Cain, posed a
seemingly simple question: "Am I my brother's keeper?" The
writers we have examined demonstrate through their diverse
points of view the difficulties in providing a definite answer.

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