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Thursday, August 5, 2021

The Tragedy And Farce Of A Dramatic Murder Trial

For sheer human interest, the ability to catch public attention and cleave to it from start to finish, nothing else in real life equals a good murder trial. A prominent victim, or, even better, a prominent defendant; a bit of mystery surrounding the facts of the case; two teams of high-powered attorneys facing each other across the courtroom; a cluster of witnesses, each contributing a few tantalizing facts to a tale of human fallibility; a battery of expert witnesses to explain the unexplainable; a man's or woman's life or freedom hanging in the balance--these are the makings of high drama. As Shakespeare taught us, good drama is an intimate mixture of both tragedy and farce.

Michael Kurland, How to Try a Murder, 2002 

The Federal Prison Population

I've met good men--yes, good men--in [federal] prison who made mistakes out of stupidity or ignorance, greed, or just bad judgment, but they did not need to be sent to prison to be punished; eighteen months for catching too many fish; two years for inflating income on a mortgage application; three months for selling a whale's tooth on eBay; fifteen years for a first-time nonviolent drug conspiracy in which no drugs were found or seized. There are thousands of people like these in our prisons today, costing American taxpayers billions of dollars when these individuals could be punished in smarter, alternative ways. [My book The GE Mound Case is about a man who went to federal prison for a year for selling an arrowhead across a state line.]

Bernard B. Kerik, former NYC police commissioner, who, in 2010 was sentenced to four years in prison for tax fraud and false statements

Establishing Your Own Writing Style

Bad style often comes when a writer is trying too hard to imitate the style of other writers. [Hemingway. in his wake, left a generation of imitators. This is also true of Charles Bukowski.]

Duane Unkefer, Basic Fiction: The New Writer's Handbook for Creating Fiction That Sells, 1991

The Biased Biographer

Almost every eminent person leaves behind an abundance of personal data which, skillfully manipulated, can prove him to have been a fool or a knave. Innocuous personal details and casual episodes, if sufficiently emphasized, described with archness and placed in misleading context, can be as damaging in their effect as plain evidence of dim intellect or villainy.

Richard D. Aftick, Lives and Letters, 1965 

Wednesday, August 4, 2021

The Crime Scene Technician

     Because of television, books, and movies, crime scene investigation has become one of the most familiar, but misunderstood, components of the criminal justice system. Crime scene investigations are not the same as criminal investigations. Crime scene investigation involves systematically documenting and searching a crime scene for items of evidence. Once evidence is located it is preserved, documented and collected in ways that minimize contamination or spoilage. It is packed in secure containers, uniquely labeled, and either stored by the police or sent to the forensic science lab for analysis.

     Crime scene investigators are almost always police officers. Assignment as a crime scene investigator may take several years and a lot of training.

     Having forensic scientists help with crime scene investigation increases the opportunities for confirmation bias, (the tendency to interpret evidence in a way that supports one's preconceptions) to creep in.

Jay Siegel, Forensic Science, 2016

The So-Called "Nonfiction Novel"

      Time Magazine's all-time best nonfiction book list, published in 2019, includes just two books about murder. Both works, Norman Mailer's Executioner's Song, and Truman Capote's In Cold Blood, are listed under the subcategory "Nonfiction Novels."  This begs the question: how can a novel, a work of fiction, be a work of nonfiction? Isn't the term "nonfiction novel" a contradiction?

     Al Dewey, the Kansas Bureau of Investigation detective in charge of the 1959 Clutter family murder, the Holcomb, Kansas mass killing upon which In Cold Blood is based, told Dr. John Kelly at the University of Delaware that Capote's account is more fiction than fact. According to Dewey, Capote altered the story's chronology, created composite characters, and invented scenes and dialogue. While Capote based his book on the Clutter case, he intended it as a novel, and that was how it was published. So what is this book doing on Time Magazine's nonfiction list? Perhaps the list's compilers, unfamiliar with the true crime genre, had to include a couple of crime books by well-known novelists. At any rate, just how much literary license can a nonfiction writer take before his book slips into the fiction genre? This is a debate that has gone on for decades.

     Doris Ricker Marston, in A Guide to Writing History, defines what is alternatively referred to as narrative nonfiction, creative nonfiction, literary journalism and the new journalism as: "...a dramatic presentation of true reporting. There are real characters moving as they actually did in the events that actually took place, and with action dramatically presented."

     Book-length practitioners of this genre include Truman Capote, Norman Mailer, Joseph Wambaugh and Tom Wolfe. While Truman Capote claimed to have invented the "nonfiction novel," as Anthony Arthur points out in his book, Literary Feuds, others before him--Thomas Carlyle, Lytton Stachey, John Hersey, Alan Moorehead, Shelby Foote and Ernest Hemingway--had applied novelistic techniques to nonfiction. In his introductory essay to New Journalism, an anthology of narrative nonfiction work, Tom Wolfe predicted that literary nonfiction would replace "the novel as the number one literary genre, starting the first new direction in American letters in half a century." While the genre has gained respect and now outstrips the literary novel in the marketplace, it has not dethroned its fictional counterpart as a form of literary art.

The Short Story Comeback

The short story, a historical important form for science fiction, has had a banner year [2019] in a variety of formats, such as the podcast "A World Where." Ted Chang--one of the most lauded science fiction short story writer alive--released his first new collection in seventeen years, Exhalation.

Julia Sommerfield, Forbes, October 31, 2019

Tuesday, August 3, 2021

The Industrial Revolution and the Birth of Poison

     In the early twentieth century industrial innovation flooded the United States with a wealth of modern poisons, creating new opportunities for the clever poisoner and new challenges for the country's early forensic detectives. Morphine went into teething medicines for infants; opium into routinely prescribed sedatives; arsenic was an ingredient in everything from pesticides to cosmetics. Mercury, cyanide, strychnine, chloral hydrate, chloroform, sulfates of iron, sugar of lead, carbolic acid, and more, the products of the new chemistry stocked the shelves of doctors' offices, businesses, homes, pharmacies, and grocery stores. During the Great War poison was established as a weapon of warfare, earning World War I the name "The Chemist's War." And with the onset of Prohibition a new Chemist's War raged between bootleggers and government chemists working to make moonshine a lethal concoction. In New York's smoky jazz clubs, each round of cocktails became a game of Russian roulette.

     There was no way for the barely invented science of toxicology to keep up with the deluge. Though a few dogged researchers were putting out manuals and compiling textbooks on the subject, too many novel compounds had yet to be analyzed and most doctors had little or no training in the subject.

Deborah Blum, The Poisoner's Handbook, 2010

The Historic FBI Burglary

     On a March evening in 1971, eight antiwar protesters burglarized an FBI office in Media, Pennsylvania, just outside of Philadelphia, with astonishing ease. A few weeks of elementary surveillance had shown the vulnerability of the target: There were no cameras to elude, no alarms to disconnect. Because the building contained residential apartments, the group choose the night of the Joe Frazier-Muhammad Ali heavyweight championship fight, an ideal distraction. [Frazier came from Philadelphia and was the hometown favorite.]

     It turned out that the Pennsylvania office [a branch resident agency within the Philadelphia field division], like so many others across the country, had almost no physical protection. Security was largely symbolic, resting on the bureau's carefully buffed reputation for efficiency in tracking down America's "most wanted" criminals, from bank robbers to atomic spies. Put simply, no one messed with J. Edgar Hoover's FBI…

     The stolen material included the secret case histories of thousands of Americans. Much of it was malicious gossip about things like sexual deviance and race-mixing, two of Hoover's favorite subjects. Had this been all, the FBI very likely would have weathered the storm. Its pubic relations machine was enormous, and the officials charged with overseeing its operations were themselves wary of what lay in the files. Hoover had served for almost 50 years, under eight presidents, because nobody dared fire a man who, in Richard Nixon's words, could "pull down the temple with him, including me." [Hoover died less than a year after the burglary.]

     But there was more…the most important stolen document was a routine routing slip containing the word "Cointelpro." The term meant nothing to the burglars, for good reason. Cointelpro was among the FBI's most carefully guarded secrets, a huge program of dirty tricks and illegal activities designed to "expose, disrupt, and otherwise neutralize" groups deemed subversive by the director…

David Oshinsky, "Breaking In," The New York Times Book Review, February 2, 2014

The Vanished Market For Short Stories

After the Second World War, society changed and the market for short stories waned. Collier's died, as did The Saturday Evening Post. In a mere instant, as history is reckoned, the audience for quality short fiction all but vanished; the demand, instead, was for nonfiction and journalism.

Jon Franklin, Writing For Story, 1994