7 Jul 2022

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The Jinx: Crime and Murder in the City of New York

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Academic level: College

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Classical and Neoclassical Thought 

Robert Durst is an heir and son to American real estate mogul, Seymour Durst an elder brother to Douglas Durst, who currently heads the Durst Organization. He is probably known as one of the richest Americans to be involved in murdering three different individuals in different states. The first was Kathleen McCormack Durst, who was his first wife and believed to have died somewhere between 1982 and 1990 after she disappeared in New York. The second was Susan Berman, who was a long time friend and at some point worked as a spokesman for the Durst himself as she maintained his public alibi, was murdered in Christmas Eve of 2000. The third was, Morris Black, who was the neighbor to Durst in Texas when he was killed in 2001. It appeared that Durst would escape all charges for the three murders before his numerous hours of interviews that led to the documentary The Jinx led to significant new evidence against him. 

The disappearance of Kathleen McCormack Durst was in early 1982 when she was last seen unexpectedly at a friend’s dinner party in Connecticut. She was wearing red sweatpants, unusual attire for she usually wore high quality apparel. Her friend noticed that she was upset, before leaving for South Salem, New York after Durst called her. She was not seen by anyone else after since then, but the husband claims he had escorted her to the train station for as she headed for New York City. The events that occurred prior to her disappearance showed that they were clearly planned by the perpetrator. Hereby, McCormack was treated for bruises to her face after a case of police brutality which she did not report, she had sought for a $250,000 divorce settlement which Durst refused, and the latter failed to report her disappearance even after she had been missing a whole week. These factors showed that something was clearly amiss. 

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The Berman homicide was on Christmas Eve 2000 where she was killed in an execution style in her own home. Durst’s movements and actions in California made him a primary suspect but there was little evidence to ascertain his motive. Berman was a long-time friend to the perpetrator and had helped keep a positive alibi for him distancing him from his wife disappearance. Although Berman had received $50,000 from Durst, the latter admitted to sending only $25,000 and a deposition to investigators made by the former in 1982. This was an action to show that he needed to defend himself on the case even though it was not known publicly that the case had been re-opened. When Durst fled to Galveston, Texas posing as a woman to evade police questioning, shows that he was thinking rationally and knew the consequences of being seen in public probably believing that his lies would catch up to him. 

The murder and dismemberment of Morris Black, just 10 months after that of Berman, also demonstrates an action of rational thought. Durst is depicted to have orchestrated this murder as he had recently moved into the area as means of hiding from the public and possibly the elderly man had identified him from the news. Durst posted a $300,000 bail the following day and given a court hearing of October 16, 2001. Failure to attend the hearing is another indicator that he was significantly afraid that his innocence could not be proven anymore. His second arrest led to findings of the victim’s driver’s license and directions to an individual who had made public accusations about McCormack’s disappearance claiming he murdered her. Durst’s defense first claimed self defense during the trial before a diagnosis by a psychiatrist showed that he was suffering from Asperger syndrome. 

Biological, Biosocial, and Other Contemporary Theories 

The early biological theories focus on physical traits and heredity aspects were critical factors on the possibility of an individual committing a crime including facial features, body type, and shape of skull. This approach of identifying criminals would mean that even the siblings of the criminal should somehow develop deviant behavior since they come from the same parents. This assumption is however not true as the younger brother does not portray similar criminal tendencies. The positivism theory purports that crime and criminality is built on evolutionary aspects that portray criminals as throwbacks. Based on the knowledge of two generations before Robert Durst it cannot be concluded that the behavior is a repeat of previously occurring tendencies. However, some of Cesare Lombroso’s traits may show that Durst was indeed a born criminal with a twisted nose, excessive cheekbones, large jaw, long arms, large chin, and excessive wrinkles on the skin. Any five of the characteristics will do to come up with the conclusion. 

There are alternative biological theories that indicate that body type and masculinity hypothesis were basic approaches of identifying the criminals. American psychologist William Herbert Sheldon categorized human bodies into three major elements referred to as somatotypes. They include ectomorph, endomorph, and mesomorph with the third being the most likely to engage in criminal activity. However, available pictures of Robert Durst depict him as an ectomorph with the least capability of developing criminal behavior. The theory would claim that based on his body type he is not capable of engaging in criminal activities. However, based phrenology a theoretical notion that identifies the shape of the skull as a determinant of rebellious behavior, it would be stated that Durst was indeed a natural born killer. The disorganization of the brain based on the shape of the skull would result in abnormal behavior such as killing people. The traditional biological factors could not prove the effectiveness of how such traits could result in traditional rebellious behavior, but some actually do. 

The new and more contemporary theorists have focused o significant measures that could demonstrate the incidence of criminal behavior. Genetics in criminology is one of the major theories developed by Henry Goddard that identifies the role of genetic inheritance that would result in the numerous generations of criminals in the family. The major events depicted in the murders associated with Durst do not indicate that there are significant relation in genetics and criminology. In this instance, there would be more criminals in the family including his brother and the previous generations before them. The biological theory of hormones as having significant impact on the human aggression would however demonstrate significant predisposed behavior of criminality. Based on the events occurring prior to the dead of Durst’s first wife, being treated for facial bruises due to domestic violence may have been an indicator of excessive testosterone that would cause him to act in such behavior that is contrary from acceptable societal norms. 

The sociobiology theory that was developed by Edward Wilson showed that the genetics could not be unchangeable determinants to how human beings relate to their environment. In this case, Wilson posits that selection pressure caused animals to evolve due to their interaction with the natural environment. The incidence also led to improved social behavior among human beings where the societies could practice more humane practices and not be equated to the primates whom they closely resemble. The behavior depicted by Durst during his trial when charged for the murder of Morris Black, an assessment by a qualified psychiatrist showed that he was suffering from Asperger syndrome. This mental disease causes an individual to lack significantly in engaging in social interaction. He is unable to depict remorse for the numerous crimes committed and could ultimately cause criminal behavior. The incidence of the disease may explain the significant sibling rivalry that was depicted during childhood hence the reason it continued to manifest into antisocial behavior. 

Psychological and Psychiatric Foundations of Criminal Behavior 

Psychopathic tendencies are depicted as one of the major concerns that may result in the personality disorder which leads to criminal behavior. According to the research, one of the major disturbances of an individual’s personality is the antisocial behavior shown by lack of sympathy, empathy, and embarrassment. In this practice, it is evident that the individual will dissociate emotionally from the actions they undertake and lack significant sensitivity to the harm it causes others. In McCormack’s disappearance in the 1980s, Durst shows that he lacks any form of concern for his wife. To begin with, he had engaged in domestic violence which required treatment from hospital. Later he would dissociate from his behavior and identify that he would never harm his wife even though they had previously argued and fought. The lack of empathy is a critical factor that prevents the investigators from being able to push for a confession in the suspected murderer. 

Cognitive theories also demonstrate a significant malady of the personality of the affected individual. According to this approach of explaining crime in the society, it is important to identify the though process of the individual particularly in solving problems, and perception and interpretation of the social dimension. The moral development theory highlights instances that show a criminal’s lack of moral compass is depicted by failure to develop intellectually from childhood to adulthood. The concern depicted by Piaget’s stages of intellectual development presents significant issues associated with Robert Durst. Human thinking is depicted as a biopsychological development where it could be depicted as an extension of natural adaptation to the environment. Durst was incapable of reflecting on his own actions that would lead to the development of unspoken rules about how to relate with other human beings. This failure to pass successfully through the four stages resulted in uncouth behavior that would result in execution style murder of Berman who was believed to be a close friend. He was unable to recognize a potential threat from a friendly relationship. 

Psychoanalytic perspective is based on the depiction by Sigmund Freud that would identify how human behavior works. He noted that there are deep underlying motives and set of drives that occur from recesses within personality. Though he did not speak specifically about criminal behavior, it was other psychoanalysts who developed the concept around it. Significant inadequacies in the personality of the offender would result in development of a mental illness that had severe impacts on the incidence of crime. For instance, the diagnosis of Asperger syndrome which seemed to have never been recognized since childhood was the primary cause of antisocial behavior. Sublimation, transference, and repression are some of the effects of the personality maladaptive behavior. Durst would transfer blame to his victims as a means of suppressing emotional association of his actions. He identifies that Morris Black is to blame for his own death identifying him as controlling, cranky, and confrontational loner which led to an accidental firing of a bullet through his head. The forensics team was unable to recover the head after it was dismembered from the rest of the body leading to his acquittal. 

The evidence of a psychiatric causation is depicted in Robert Durst who is diagnosed with Asperger syndrome evident by his antisocial behavior. It is evident that the perpetrator of the crimes cannot effectively communicate with his own defense team during mock trials making him incapable of identify the severity of the issue. This has been a significant practice in his lifetime whereby he fails to appear in court, violates probation, and restraining orders. However, evidence shows that based on the McNaughton rules, Durst does know that an action is wrong. In this case, he knows that failure to appear in court is a punishable act by law, but continues to act on his impulses to avoid being sentenced or charged with the numerous crimes. 

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StudyBounty. (2023, September 16). The Jinx: Crime and Murder in the City of New York.
https://studybounty.com/the-jinx-crime-and-murder-in-the-city-of-new-york-essay

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