“Ogres are like onions.” Shrek proclaimed in the original Shrek movie. To which Donkey replied: “What? They stink?!” Shrek, although somewhat frustrated, was quick to clarify that ogres were like onions because they both had layers. Donkey, of course, continued to miss the psychological significance of Shrek’s analogy. “You know what else has layers?” Donkey retorted, “Parfait.” While Donkey focused on dessert, Shrek explained the complex nature of an ogre’s existence. Per Shrek, you could not really judge an ogre until you peeled off the top layers of his soul.

After sixteen years as a private criminal defense attorney, I have come to realize that I am, in essence, a layer remover. Perpetrators want someone to peel off the layers so the prosecutor, the jury, and the judge can see what happened down deep inside. So… here’s my theory – perpetrators are like onions. While some may stink, there are some layer fundamentals:

Layer #1 – Perpetrators still desire to be treated like an individual. Just because someone has violated the law does not mean he or she automatically loses a sense of identity. The system loves to place people into broad categories and punish them accordingly. Perpetrators, on the other hand, cringe at the thought that justice is not dispensed in specific individual terms. After all, every general rule always has an exception. And, feel free to ask them because every perpetrator on the planet will tell you that he or she is that exception.

Layer #2 – It’s all about the potential punishment. Guilt or innocence is rarely the issue. Perpetrators do not really care what label society places on their conduct. Perpetrators simply fear judgment day. [Go figure.]

Layer #3 – Victim empathy is a key layer. As previously noted, the vast majority of my clients know they violated the law. Most feel genuine remorse for the pain they caused their victims. There are two groups of perpetrators, however, sex offenders and embezzlers, that have a very tough time acknowledging what they did was wrong. This similar mindset from two dissimilar groups has fascinated me for years. Yet prosecutors and judges often ignore the “Victim Empathy” layer.

Society seriously punishes child molesters, yet white collar criminals receive little to no prison time (even when the amount at issue involves six figures). I am consistently left speechless whenever an embezzler tells me: “No really…. that little old lady wanted me to have all her retirement money.” Once we peel off the layers, experience has taught me that society is simply way too lenient on white collar criminals.

If you have any questions criminal law please contact Rowley Chapman Barney & Buntrock at (480) 833-1113 and ask for Brian Strong.