The Austin Police Department case file on Kenneth McDuff contains a white paper entitled Investigations of Sexually Sadistic Offenses by Robert R. Hazelwood, Park E. Dietz, and Janet Warren. Without meaning to, the paper magnificently illustrates a quandary over a basic question now facing criminal justice: Does evil exist? In the first paragraph, the authors assert that "Human cruelty reveals itself in many kinds of offenses, but rarely more starkly than in the crimes of sexual sadists." 24 In their paper, the authors define sexual sadism as "a condition in which an individual is sexually excited by the suffering of others." A distinction is drawn between normal discomforts commonly felt by a sexual partner, and a consistent and enduring pattern of sexual response to the suffering of others. The paper tends to discount free will. "Antisocial personality disorder is the current name for what in the past has been known as sociopathy, psychopathy, moral insanity, or in pre-psychiatric days, evil ." 25 [Emphasis added.] The suggestion, however subtle, that evil may not exist, can only lead to the transformation of criminals into patients, and crimes into disorders. Conversely, to what extent are we, as humans, thinking individuals with a free will to do good or evil?
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Kenneth McDuff provides a case in point and far more questions than answers. Was what he did to Louise Sullivan an evil act, or was it the result of a sexually sadistic, anti-social personality disorder? The American system of criminal justice has never really defined the difference in a clear and consistent manner. Furthermore, if Kenneth McDuff suffers from such a disorder, should the diagnosis be an absolute: Is he completely controlled by his urges, or does he have some measure of control over himself, rendering him at least partially responsible for what he did? If Kenneth McDuff suffers from a psychiatric malady, where did this condition come from? His upbringing? His genetic makeup? If it is genetic, what should be done with people carrying those genes? As F. Lee Bailey asks: "What should be done about such creatures?"
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There is no reasonable doubt that Kenneth Allen McDuff was a sexual predator. He prowled as long as he did because he lived in a subculture where the normative behavior made him only slightly deviant. As an ATF agent asserted, the people of the Cut, and the subculture in general, lived in a world where survival methods consisted of dope and prostitution. Each member was a depraved rugged individualist in an extraordinarily
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