Criminology: theories, methods, and contemporary applications

Criminology

Brother's Keeper

Review of Brother's Keeper

The film Brother's Keeper (1992) was released in 1992 and subsequently received numerous awards, including the Directors Guild of America, USA's award for Outstanding Directorial Achievement in Documentary in 1993, as well as an Audience Award in 1992 from the Sundance Film Festival. It is a documentary film that deals with the murder trial of Delbert Ward accused of murdering his brother and the events that surround this incident. The film was directed by Joe Berlinger and Bruce Sinofsky. The production companies were American Playhouse and Hand to Mouth Productions. It has been described "…part rural gothic tale and part murder mystery" (Reviews: Brother's Keeper).

The plot and content of the film revolves around the death of Bill Ward. The drama and tension in the film explores the controversy that surrounds the implication of Delbert Ward in the alleged murder of his brother.

An essential aspect of the documentary from both a cinematographic and criminological point-of-view is that the brothers in the film were semi-literate and socially inept. They lived in relative isolation on a farm near the upstate New York village of Munnsville. They had very little to do with society and the townsfolk of Munnsville until the death of Bill draws attention to them. In fact it is one of the central dramatic elements of the film is that they are shunned by the community of the town until the incident, after which the community strongly supported Delbert against what was perceived as a wrongful accusation of murder brought about by the coercion of a man who was not able to defend himself.

In summary, the main facts that the film deals with are as follows. The accused, 59-year-old Delbert Ward lived with his brothers Bill, Roscoe, and Lyman. They were mentally and socially "backward' and almost completely illiterate, which made them outcasts in the community. The older brother, Bill, died on June 5, 1990. While he had been ill, the police investigation nevertheless found that his death was not from natural causes. Delbert is accused of the murder of his brother, possibly as a form of mercy killing by smothering him with a pillow -- taking into account the fact that Bill had apparently been very ill. Delbert is subsequently charged with second degree murder.

One of the fascinating aspects of the film is the central theme. This refers to the doubt about whether Delbert was wrongfully accused of murder. This is problematized by the insinuation in the film of a very real possibility that he was accused of murder without any real substantial evidence to support the claim. The only real evidence against him is his signed confession. The case against him also took into account the statement by one of his brothers - Lyman- that they had talked about killing Bill prior to the murder.

The case therefore hinges on Delbert's confession. However the townsfolk and others are of the opinion that the confession was obtained under duress. As Dilbert was illiterate and had a very low IQ, it is very possible that he was coerced into signing the confessions. In fact this is the view that is strongly suggested throughout the film in interviews with townsfolk and lawyers.

This view is played off against the opposing view that Delbert is in fact a murderer. This is also added to by suppositions that the two brothers had a homosexual relationship and that the murder was a case of a sexual relationship 'gone wrong'.

An interesting aspect to the film is the communities change in attitude towards Delbert. While they had previously shunned him and his brothers they now supported Delbert as they felt that he has been wrongfully accused by the authorities. They also believed that he had been bulled and forced to sign. An interesting insight that the film provides is that the community rallied behind Delbert largely as the result of the intrusion of outside forces into their community. As one critic notes, "It's not that they believe that he's innocent, it's simply that he is one of "theirs." (Movies: Brother's Keeper)

From as criminological point-of-view the film has some interesting aspects. In the first instance the directors are very even-handed when it comes to the central issue of Delbert's guilt or innocence. "…Berlinger and Sinofsky firmly refuse to sugarcoat their subject; their glimpses of the & #8230;brothers and their bizarre lifestyle might be unsettling to some." (Canby) This also refers to the possible motives for the murder and the alleged sexual relationship between the brothers.

More importantly, the film examines the complexities and problems that occur when a crime is attributed to an individual who is less able to defend himself. The fact that Delbert and his brothers are not intellectually competent and are to some extent 'backward' mentally and socially is central to the drama and criminological dimensions of the film.

This also poses important questions related to law and criminal procedure. These involve the complexity of dealing with possible suspects who are illiterate and who do not understand aspects of the legal and criminal process. The film makes it clear that it is highly likely that Delbert was coerced or at least confused into signing the confession. As one commentator on the film notes, "No evidence points to murder, in fact the autopsy shows death by natural causes. A confession is squeezed out of Delbert anyway and his brother Lyman signs a statement that the murder was discussed before hand." ( Polly Staffle: Brother's Keeper).