Heroes, Rogues, & Lovers: Testosterone and Behavior (33 page)

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Authors: James McBride Dabbs,Mary Godwin Dabbs

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BOOK: Heroes, Rogues, & Lovers: Testosterone and Behavior
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I was disappointed to learn that I had not been selected for the jury. Mr. Harvey had completely turned me around. I had gone from thinking he was a buffoon to being just about smitten with him. I really wanted to be on his jury.
2
 
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Colleen's story was particularly interesting because we knew that Bruce Harvey was one of a group of lawyers who had higher-than-average levels of testosterone. We figured he would put on a good show before a jury. We were pleased to learn that in spite of his toughness as a trial lawyer, he had perfected a warm and friendly smile.
Trial by Combat
Lawyers are a good starting point for thinking about how testosterone is related to occupations. Lawyers have to do many things, and they must be geared always to the possibility of combat. They have to be considerate of the jury, but they use bluff, threat, and aggression against their opponents. The illustration with the
New York Times
article about our lawyer study showed a lawyer-rooster strutting down the courthouse steps, wearing a three-piece suit with his tail feathers sticking out, smoking a cigar and carrying a briefcase.
3
Lawyers differ among themselves, of course, and some are more like roosters than others. In our research, we began with the premise that trial lawyers have more in common with roosters than nontrial lawyers, and we divided the lawyers in our study into those two groups.
Trial lawyers work with a jury in the courtroom, and nontrial lawyers work with papers and documents outside the courtroom. Trial lawyers are gladiators, hired to win in a war of words. They are tenacious, like pit bull dogs. They threaten with letters, phone calls, and face-to-face meetings. Gerry Spence is a lawyer who is a master of the body language of threat and intimidation. Spence is a large man, 220 pounds and six feet two inches tall, plus two inches of heel on his cowboy boots.
Spence uses what he calls a "subconscious knowledge between animals including human animals, as to who is superior and who can win" to convince the other lawyer that if it were knives or knuckles, instead of a courtroom contest, Spence could take him apart.
4
"If I can physically subdue my opponent, I will probably win in the courtroom," says Spence, who, when called to the bench with the opposing lawyer, will ''stand closeshoulder to shoulderso he feels my physical presence in the courtroom, feels my whole being." After that, the other lawyer's "subconscious knowledge" works to Spence's advantage.
Nontrial lawyers are less combative. They draw up wills and con-
 
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tracts, figure taxes, and check real estate transactions. They specialize in paperwork, not head-on confrontation, and they try to avoid going before a jury. They deal with rules and regulations. Aggression and drama are of limited use in winning their cases.
I had been trying to study lawyers for several years, with little success. They would say they were interested but then not follow through. It took Elizabeth Carriere to show me how to do it. Elizabeth was a student who came from a family of lawyers, and she understood their habits. She knew where to find them, and she was brazen enough to go right into their offices and ask them to spit. Good looks and charm were on her side, too. With her in charge, we soon had saliva samples from eighty-one male Atlanta lawyers, including Bruce Harvey.
When Elizabeth began to meet the lawyers, she quickly noticed a difference between the trial and nontrial groups. Trial lawyers were talkative, inquired about school, spit in the vial in her presence, wanted to know the results, asked her out to dinner, and called friends on the phone to help: "Hey, Joe, I've got a young lady down here studying hormonal lawyers. You're a hormonal lawyer. Get on down here and help her out!" Nontrial lawyers were quiet and reserved. They went off alone to spit, did not ask her out, did not want to know the results, and did not send her on to others who might participate.
When we analyzed the saliva samples, we found trial lawyers had higher testosterone levels than did nontrial lawyers. This was especially true among the younger ones. Testosterone seems more important in the early years of a trial lawyer's career. By middle age testosterone levels have declined in all lawyers, and careers are maintained more by experience and seniority than hormones. Mary has a cousin, a successful small-town trial lawyer, who exemplifies the pattern. When he was young, he loved to go up against "silk-stocking lawyers from the city," and he took great joy in totally demolishing them. When he reached his fifties, he continued to enjoy winning, but he said he'd lost his enthusiasm for overkill.
We wondered if testosterone followed a similar pattern in women lawyers, and Elizabeth began collecting saliva samples from them. Later Julie Fielden collected more samples, and we were able to include women trial and nontrial lawyers in our study. What we found with the women was similar to what we had found with the men: trial lawyers, on
 
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average, had higher testosterone levels than nontrial lawyers. The woman trial lawyer who had the highest testosterone level among the women subjects acted very much like the men trial lawyers. She said, "You need to call Sally. She's a real bitch." Then she hesitated, sensing a competitor and a problem, and said, "No, wait a minute. What if she's higher than I am?"
The data that Elizabeth and Julie collected supported our belief that there is a difference between trial and nontrial lawyers. We suspect further research will show there are differences between subgroups of trial lawyers. Some trial lawyers are better suited to courtroom work than others. The difference between types of trial lawyers reflects what is needed on the two opposing sides of a case. Here there is an important difference between civil and criminal law.
In civil law, a plaintiff brings suit against a defendant, and each hires a lawyer. An automobile accident can lead to a contest between the plaintiff's attorney, the "car wreck lawyer," and the defense attorney, the "insurance company lawyer." The car wreck lawyer is paid if he wins, and he is eager to get to court. The insurance company lawyer works by the hour, and he delays, makes motions, and tries to settle out of court. We suspect the average car wreck lawyer has more testosterone than the average insurance company lawyer. Until he was convicted in 1994 of federal racketeering charges, which included arranging his wife's murder, Frederick Tokars's television ads made him the Frank Perdue of Atlanta car wreck lawyers. Few lawyers resort to murder, even when their wives know too much and are getting ready to file for divorce. Nevertheless, that is what the jury said Tokars did, and it makes us wonder whether the drive and energy that helps a person become a successful plaintiff's attorney may under some circumstances also help him or her become a criminal.
In criminal law, the prosecution lawyer pursues a defendant, whom the defense lawyer tries to protect. The two lawyers differ in their attitudes toward authority. The defense lawyer is a hired gun. He usually works alone or in a small law firm and spends his time fighting the establishment. The prosecutor works for the state and tries to put people away who break the law. The two sides usually do not like each other. Sometimes prosecutors call defense lawyers sleazy, and defense lawyers call prosecutors "persecutors." I know that high-testosterone delin-
 
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quents are rebellious toward authority, and I suspect high-testosterone defense lawyers also have tendencies in that direction. I suspect criminal defense lawyers have more testosterone than prosecutors, though we have not yet compared the two groups.
People sometimes wonder whether high testosterone makes a person a trial lawyer, or whether being a trial lawyer raises a person's testosterone level. I believe the high testosterone comes first and leads a person toward trial or nontrial work. One way to study this would be to measure testosterone in people before they become lawyers, and then see what kind of law they go into. We are currently collecting saliva samples from incoming Georgia State University law students, and we plan to keep track of them to see what courses they do best in and what kind of law they go into after they graduate.
"A Hard and Shifty Fellow"
While we don't have testosterone data on every occupation, our research suggests we will find high-testosterone individuals in occupations where a person excels by being strong and dominant in face-to-face confrontations. For example, real-life private detectives, who help lawyers dig out the facts for their cases, and their fictional counterparts display these characteristics. The classic private detective was Sam Spade, in
The Maltese Falcon
. He was "a hard and shifty fellow, able to take care of himself in any situation, able to get the best of anybody he comes in contact with, whether criminal, innocent by-stander or client."
5
Testosterone oozed from his every pore. He had a soldier's frame of mind, as did the Sioux warrior Crazy Horse, who was willing to kill or be killed. Sometimes before going into battle, according to lore about him, Crazy Horse would say, "Today is a good day to die."
A soldier's job is "to grapple with the enemy and seize his vitals,"
6
and testosterone helps get that done. According to a study of Vietnam veterans by sociologists Cynthia Gimbel and Alan Booth, there is a link between testosterone and combat.
7
High testosterone interferes in performing support roles in the army, where rationality, reliability, and technical skill are needed, but it helps in combat, where force overwhelms reason. Booth and Gimbel looked at the Vietnam data to see which men were drafted, which men went to Vietnam, and which men served in
 
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combat. Booth and Gimbel found that when men entered the Army, those with lower testosterone levels often got administrative and support jobs, perhaps because they had slightly more education. For the soldiers who went to Vietnam and served in the field, the situation was different, because many of the qualities associated with testosterone are desirable in combat. In the study, each soldier answered "never," "rarely," "sometimes," "often," or ''very often" to each of twelve questions about the extent of his combat experience. Included were questions about receiving enemy fire, encountering mines or booby traps, being ambushed, firing at the enemy, seeing Americans or Vietnamese killed, and killing Vietnamese.
Responses to the twelve items were averaged to give an overall combat exposure score. Figure 6.1 shows the number of men who on average either answered "never" or gave answers in the range from "never to rarely," "rarely to sometimes," "sometimes to often," or "often to very often." The results indicate higher scores among high-testosterone soldiers. These data were collected twenty years after the men served in Vietnam, so it is unlikely that the war experience caused the testosterone differences. Booth and Gimbel concluded that high-testosterone men tended to have more combat exposure than their low-testosterone comrades because their commanders sensed that they would be good fighters and assigned them to combat positions.
Findings from the Vietnam veterans data show that testosterone levels are positively correlated with violent behavior and sexual activity. High-testosterone soldiers were better in combat,
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and as mentioned in Chapter 4, they had more sexual partners than did other soldiers. Lt. Col. John Paul Vann, a Korean War hero, although not a subject in the Vietnam study, exemplified its findings. Vann was a soldier's soldier,
9
and he embodied the characteristics associated with high testosterone levels. He was a small, strong, fearless, persistent, and inexhaustible maverick who had an aptitude for heroism and sexual excess.
In 1950, the North Koreans had the American 35th Infantry Regiment under heavy attack, surrounded and cut off from reinforcements and supplies. The men were trapped in an area too small for conventional airdrops. The twenty-six-year-old, 125-pound Lieutenant Vann convinced the general to assign him a few slow, low-flying L-5 observation planes to drop supplies to the surrounded men, a mission so dan-

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