Defending People

the tao of criminal-defense trial lawyering

Anger, Retribution, Oh Crap, Splat.

I’ll show him!” That’s the ret­ribu­tive impulse in a nut­shell, isn’t it? The desire, when some­one angers us by mak­ing us feel a loss of con­trol or a per­ceived loss of dig­nity, to regain con­trol and dig­nity by “teach­ing him a les­son”? It’s the impulse dri­ving lots of human mis­be­hav­ior — con­trol and dig­nity prob­a­bly come in third and fourth after money and sex as moti­va­tors (for some peo­ple, maybe first and sec­ond — some peo­ple might not sur­ren­der either per­ceived con­trol or imag­ined dig­nity for sex or money. I can only imagine.).

It dri­ves pros­e­cu­tors to put peo­ple in prison (hold them account­able! teach them a les­son!), it causes domes­tic assaults, and it results in road-rage incidents.

Today’s Chron­i­cle had a good exam­ple of “I’ll show him!” gone ter­ri­bly wrong. Three motor­cy­clists were rid­ing together late Fri­day night in unin­cor­po­rated Har­ris County. A Mazda Miata (that most innocu­ous of vehi­cles) nearly col­lided with one of them. It hap­pens. The three motor­cy­clists decide to show him, and chase the Miata through a neigh­bor­hood and onto a major thor­ough­fare, where one of them, a 48-year-old male (not the one almost hit by the Miata), “attempted to kick and strike the dri­ver of the car while rid­ing his motor­cy­cle”. He lost con­trol (his son, the third rider, “said … that he believes the Mazda dri­ver caused the crash by swerv­ing into his father’s motor­cy­cle”), left the road, hit a tree, and died (helmetless).

Granted, a smash-up con­test between a car (even a Miata) and a motor­cy­cle is extremely asym­met­ri­cal. Real bik­ers, as opposed to urban wannabes, I’ve heard, carry a pock­et­ful of ball bear­ings to chuck at the wind­shield of an offend­ing “cage”; the motor­cy­clist who gets in a con­fronta­tion with a car and wants to live gets out of range as soon as possible.

Even if the odds are more even, though, being the aggres­sor in a road-rage inci­dent is a bad idea. Unless you plan to stay in your car and shoot the guy who has deprived you of your pre­cious dig­nity (a good way to get indicted), you’re either going to (A) dam­age your car while dam­ag­ing his (explain that to your insur­ance com­pany. and your wife); or (B) get out of your car and risk get­ting your stu­pid self run over (if you get out of your car, in my view the other dri­ver should rea­son­ably assume that you are car­ry­ing a gun and intend­ing to use it on him). There is lit­tle upside to a road-rage inci­dent. It’s much cheaper to swal­low your pride and go home.

More to the point, though, there’s sel­dom much upside to try­ing to teach a grown-up human being a les­son any­where the ret­ribu­tive “I’ll show him!” urge strikes.

As Pal­adin said, “Never draw in anger. It slows the hand.”

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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