Jail

Jail (pronounced jeyl)

(1) A prison (in some places used generally of institutions of incarceration, in others tending to be applied to structures used for the detention of those awaiting trial or convicted of minor offenses).

(2) To take into or hold in lawful custody; to imprison; to incarcerate.

(3) In horse racing, the condition created by the requirement that a horse claimed in a claiming race not be run at another track for some period of time (usually 30 days).

(4) In dodgeball (and related games), the area where players who have been struck by the ball are confined.

(5) In computing, as used by certain variants of Linux, an implementation of a sandbox in which can be run an instance of another OS (operating system).

1225–1275: From the Middle English gayole, gaylle, gaille, gayle, gaile, gaiole, jaiole & jaile, from the Old North French gaiole, gayolle & gaole and the Old French jaiole (cage), from the Medieval Latin gabiola, from the Vulgar Latin gaviola, a variant of the Late Latin caveola (small cage, cell), diminutive of the Classical Latin cavea (cavity, coop, cage).  Regionalism in language was one more common (especially in eras when population movement (particularly in rural areas)) was more limited and the two spellings in the Old French variants reflect the independent linguistic evolutions, the spelling “gaole” indicative of a pronunciation in use until the seventeenth century.  It fully displaced the native Middle English quartern (prison, jail, cell), from the Old English cweartern (jail, prison) and partially displaced the native Middle English lok, from the Old English loc (enclosure, pen; jail, prison) (from which English gained “lock”) and the Middle English carcern, from the Old English carcern, from the Latin carcer (prison, jail).  In the Old English, there were many words meaning jail (regionalism also a factor here) including heaþor & heolstorloca (the latter meaning also “jail cell”), clūstorloc, dung (the latter meaning also also “dungeon”), hlinræced, nirwþ, nīedcleofa, hearmloca and nearu.  Jail & jailing are nouns & verbs; enjail, rejail, jailor (or jailer) & jailoress (or jaileress) are nouns, jailed & enjailed are verbs, jailless, jailish, jailable, nonjailable & jaillike are adjectives; the noun plural is jails.

In English, there are seeming anomalies which must baffle those learning the tongue and make them wonder how such a messy and sometimes inconsistent language became something of the world’s lingua franca.  Were it possible to have a committee edit the lexicon and eliminate the pointlessly troublesome, not only might something be done about homophones like “razed” (demolished) and “raised” (built) but the “gaol” (still used in parts of the English-speaking world to mean “jail”) would be retired and “jail” would become universal.  Jail as a noun dates from the thirteenth century and the persistence of “gaol” as the preferred form in the UK is attributed to the continued use in statutes and other official documents although there may also have been some reluctance to adopt “jail” because this had come to be regarded as an Americanism.

Some idiomatic and slang uses

Things to find on the web.

A “jailbreak” literally is “an escape from jail” but it was adopted in the ecosystem created by the computer industry to refer to modification to the hardware or firmware of an electronic device (mobile phones, tablets, gaming consoles etc) to allow the installation and use of software not officially supported or explicitly excluded by the manufacturer.  With the coming of AI (artificial intelligence) LLMs (large language models), jailbreak also became the term for a prompt which in some way bypasses any ethical restrictions imposed by the vendor.  In ice hockey, the jailbreak is a rule applied in some leagues under which a penalty is ended if the short-handed team scores; the goal scored in such circumstances is a jailbreak.  Any prisoner who emerges from jail (whether by a jailbreak or by more regular means) is said to be a “jailbird” and there are more than a dozen formal & informal terms for “jail” including slammer, hoosegow, jailhouse, big house, Uncle Sam’s hotel etc.

2022 Dodge Challenger SRT Hellcat Redeye Widebody Jailbreak in Go Mango with satin black accents over black Laguna leather and Alcantara upholstery.  Because of the design of the front splitter, this model was supplied ex-factory with the one-piece yellow "underwire". 

Unexpectedly, during the 2010s, "underwire" entered the lexicon of automotive slang when it was used to describe a plastic part fitted temporarily as a protective piece.  The yellow plastic fitting (pictured above on the leading edge of the Challenger's splitter) was called a "splitter guard" which was unimaginative but the factory didn't envisage them as consumer items and the term was merely explanatory for the information of those preparing cars for sale.  Installed to prevent damage during shipping, it was part of dealer preparation instructions to remove the pieces but leaving them attached became a cult and some cars were even retro-fitted.  An element in that was the "end of an era" vibe and large number of the vehicles in Dodge's "Last Call" runs (of which there were many) were purchased as investments to be stored away for the day when V8s are no longer produced and collectors will be anxious to pay much for the way things used to be done.  How well that will work out remains to be seen but with the "Last Call" runs typically in batches of more than 3000, most of them weren't, in collectable terms, especially rare.  

2023 Dodge Challenger SRT Demon 170 Jailbreak in Panther Pink with satin black accents over black Alcantara and Laguna leather.

In the Demon 170 Jailbreak program, there were 40 exclusive paint colors and this is the sole example in Panther Pink.  The model was rated at 1025 HP and, with a different design of front splitter, was fitted with a two-piece underwire.  The first Supermarine Spitfires and Hawker Hurricanes which in 1940 fought the Messerschmitt Bf 109s & Bf 110s in English skies during the Battle of Britain were rated at 1030 HP and while the power characteristics of car and aeroplane were very different, the numbers are indicative of 80-odd years of progress. 

Dealers cautioned against the trend, noting the pieces weren't specifically molded to ensure a perfect fit so dirt and moisture were prone to being trapped in the gaps and this could scuff the paint.  They were known also as "damage guards" and "scuff guards" but more imaginative souls dubbed them the "underwire" while serious students of such things suggested a better simile might have been "pastie", while acknowledging Chrysler followed the lead of the underwear manufacturers in having available both single and two-piece "underwires" although this was coincidental and deterministic, dictated by the splitter design.  Women have been known to remove from bras especially intrusive underwires (a "comfort thing") but whether on splitters they were kept or discarded might have seemed an improbable subject for dispute but with cars, men always find a reason to argue about something.  Although probably it would have preferred to discuss horsepower, superchargers and such, Chrysler noted the cultural phenomenon and, while obviously reluctant to upset either faction, did issue a statement to a magazine which had requested comment:

"The splitter guards on Dodge Charger and Challenger have taken on a life of their own. They originally made their debut in the 2015 model year to protect the performance fascias on SRT models during shipment from the manufacturing facility to the dealer, and, yes, they are designed to be removed before delivery.  But today, they have their own Facebook page, and many of our performance enthusiasts have active debates on whether to keep or remove them. Some owners say they are even selling them in the aftermarket.  Obviously, they weren't part of the original design, so we started with yellow guards and shifted to pink, but they are still so popular that we may shift them yet again to black. Wherever we land, this is another example of how our customers are passionate about every part of their Dodge muscle cars."

1970 Dodge Challenger hardtop 440 Six Pack in Panther Pink High Impact (code FM3) over black vinyl (code X9) with houndstooth cloth inserts (code 5).  On the Challenger, Panther Pink (FM3) was offered only in the spring of 1970.

By the twenty-first century, long done were the days in the early 1950s when Chrysler Corporation was run by men with an ethos that cars should be designed so “a gentleman can drive one while wearing his hat” and if that dictated stodgy looking vehicles, so be it.  That changed with the release of the 1955 range and from then on, for better or worse it was all about style but by the early 2000s, the company reached the same conclusion as GM (General Motors) and Ford: automotive aesthetics attained their peak in the late 1960s and what’s been done since hasn’t been as good.  Accordingly, for the release of the third generation (although many don’t count the second because it was a badge-engineered Japanese import) Challenger (2008-2023), Dodge produced a most accomplished re-imagining of the first (1970-1974), a vehicle which was a costly commercial failure although that was due more to external conditions than the thing’s dynamic qualities.  Between 2008-2023 the Challenger was produced in a bewildering number of variants, many with some of the longer multi-part model names and it’s doubtful if any but the most devoted fan-boys could either recall or deconstruct the configuration of them all.

Designer colors and more: Publicity shot for the Porsche Sonderwunsch programme; note the rubber laid down on the concrete.

On intriguing piece of nomenclature was “Jailbreak” which Chrysler’s marketing types picked up from the use in various sub-cultures to circumvent manufacturers’ restrictions on devices like smartphones although this was a case of Dodge “hacking itself” (using “hack” loosely) because the Jailbreak “customization program” was explained as a way in which buyers could bypass the previous limitations on what could be ordered with which, enabling them to “mix ’n’ match”.  The concept is of course familiar in the fiscally rarefied air breathed in placed like the Porsche Sonderwunsch (special request) office but it wasn’t new to Detroit, Cadillac in the happy days of the 1960s, despite in a typical year offering literally over a hundred combinations of interior & exterior combinations also offered buyers the chance to make “special requests”.  There's no record of Cadillac attempting to act as the "good taste police" and presumably if some buyer did ask for an aesthetically dubious combination, duly it was built although the factory did refuse to use light colors on dashboard pads or package shelves because of the risk of reflections in the glass.  The deviations from the production line rationalization which was designed for optimal efficiency of course came at a cost and took additional time but everything was priced at a level to ensure the profitability to which Cadillac had become accustomed.

The jailbreak programme was also available on the Charger.

For Dodge the Jailbreak programme was run on similar lines and while not quite an “anything goes” approach, it was more permissive and for the Challenger’s final two seasons (2022-2023), buyers of SRT Hellcat or SRT Hellcat Redeye models could “fine-tune” things like paint, interior trim, wheels, stripes, badges and other items in a way the factory had not previously permitted.  As icing on the jailbreak cake, the SRT Hellcat Redeye Jailbreak cars received a more potent engine, rated at 807 horsepower, a number which would have seemed a fantasy in the era of the second generation Challenger when the most powerful engine offered probably generated (in comparable terms) around 435-445 HP.

The Royal Navy's Battle Cruisers opening fire in the opening stages of the Battle of Jutland, 31 May 1916, (1919), oil on canvas by Lionel Wyllie (1851–1931).

Fought in 1916 between the UK’s Royal Navy and the Navy of the German Empire (the so-called “Second Reich”), the battle of Jutland in 1916 was the closest the world got to the clash on the high seas of fleets of dreadnoughts, an event the navalists and theorists had for a generation be expecting or hankering.  For a variety of reasons it proved anti-climatic (though at a cost of over 8,000 lives) but while a tactical victory for the Germans (in terms of ships sunk or damaged and causalities), strategically the British succeeded in ensuring for the rest of of World War I (1914-1918) their opponents were confined to a pocket of the Baltic, denied access to the North Sea and thus the Atlantic; this enabled the Royal Navy’s blockade of Germany to be maintained.  Summing up, the New York Times concluded: “The prisoner gave his jailor a bloody nose but at the end of the day was back behind bars in his jail cell.”  Barely noticed except in the halls of the admiralties (where it made a great impression) was the vulnerability of the battlecruiser, a class of ship of which much had been expected although at Jutland they were used in a way the theorists who suggested the configuration had neither intended nor recommended.

The concept of a “black jail” is ancient; it’s a jail where people can, for whatever reason, be imprisoned by some agency of state, often in secret and with no recourse to legal remedies or other procedures.  It can be thought of as a particular example of “being disappeared” and the use of such institutions was the origin of the judicial writ of habeas corpus (from the Latin habeas corpus ad subjiciendum (“You (shall) have the body to be subjected to (examination)”) which in the common law tradition can be translated as “bring them before the court so the lawfulness of their detention may be assessed”.  First seen in England in the twelfth century, the writ to this day remains (in Western nations) one of the core protections afforded to citizens.  In 2002, shortly after it invaded the place as an administrative convenience, the US established such a jail in Afghanistan and apparently it was controlled by the Department of Defence’s (now again the Department of War) intelligence office and staff from Army Special Operations although other agencies were known to have provided “specialized services”.  Existing always on a “neither confirm nor deny” basis, the US Black Jail was an example of the way things get done when it’s required to process irregular combatants in extreme conditions.

It illustrated too the use of language: Among nations party to the relevant conventions, whereas prisoners of war (ie those combatants who meet the definition) are held in “PoW (prisoner of war) Camps” and never lose their military status; others can end up in “jails”.  Of course, it can’t be certain organs of the state in some Western countries aren’t still in secret maintaining “black jails”, possibly without the knowledge of elected governments.  The system of concentration camps created during the Third Reich (1933-1945) began as a way for the state to regularize what had unexpectedly “sprung-up” as a number of “black jails” created informally by party members to imprison their many opponents and enemies.  It was a classic example of the essentially criminal, gangster nature of the Nazi state and while the authorities didn’t object to most of those in the black jails being incarcerated, they wanted it done on an organized, professional basis.  Structurally, the operation of the concentration camps was also a microcosm of the whole Nazi project: Those who could send victims to the camps or have them released had no say of what happened within the camps while those running the places could order neither an individual’s jailing nor their release.

Jail juice comes pre-packaged.

In 2011, the Salt Lake Tribune reported a case of botulism in jail juice fermented in a cell in the Utah State Prison, the source traced to a “bad” potato.  The prisoner responsible for the brew (containing powdered juice mix and several types of fresh and canned fruit) told medical staff he added the “two-week old baked potato” because he thought it would “accelerate fermentation”.

Jail juice is prison slang (originally a US form but now widely used, even beyond the English-speaking world) for the various forms of improvised alcoholic beverages (typically fermented) brewed in correctional facilities.  There are other slang forms of the concoctions including “prison hooch”, “swish”, “prison wine”, “toilet wine” & “loaf brew” (some forms of white bread said to be a good additive in the process once crumbed) but most descriptive was “pruno”.  Dating from the late 1930s, the name was derived from the use of prunes, then in ample supply in many US prison kitchens.  The term pruno became generic, later applied regardless of the fruit used in the fermentation.  A “phone jail” is a place (usually in schools) in which the mobile phones of students are locked away for certain durations (which can be short or the whole school day).  “Jailbait” describes someone (almost always female) who is (1) obviously sexually mature yet (2) was (or appeared to be) under the legal age of consent and was (3) considered attractive or seductive.  The term references the legal concept of statutory rape under which an adult engaging in consensual sexual relations with someone under whatever is the relevant age in that jurisdiction can convicted and jailed.

Lindsay Lohan “Mug Shots” coffee mugs.

In November, 2011, in a hearing held at Los Angeles Superior Court Airport branch, Lindsay Lohan was sentenced to 30 days in jail at Lynwood's Century Regional Detention Facility.  The penalty was imposed after she admitted violating the terms of her probation from a 2007 DUI (driving under the influence) case; she had failed to attend community service appointments at a Los Angeles women's shelter.  However, just 4½ hours into the 30-day sentence, she was handed a “get out of jail free card”, released because of chronic over-crowding in California's jail system.  Sometimes, you get lucky.

At least one “Get out of jail free” card has been included in every version of the Monopoly board game since first it was released in 1935 although most editions have featured two, one from the “Chance” stack, the other from “Community Chest”.  What possession of the card confers is the ability (as the name implies) for a player to move on from the jail square without having to throw three doubles (of the dice) in a role or pay a fine although, in certain circumstances, it can be adventitious for a player not to use the card and “remain in jail”, something which sometimes happens IRL (in real life).  From the board game comes the idiomatic use of “a get-out-of-jail-free card” to refer to “a certain privilege or advantage providing relief from an undesirable situation or immunity from punishment or consequences”.  Historically, states have sometimes offered similar devices although they’ve never been available for those accused of serious offences.

Macy’s department store, Herald Square, Manhattan, New York City.

In George Orwell’s (1903-1950) novel Nineteen Eighty-Four (1949), the Ministry of Love was responsible for the dispensation of fear and suffering and its most dreaded institution was Room 101, located in the basement of their headquarters.  Room 101 was a torture chamber in which the ruling party subjected prisoners to their individual worst nightmares and greatest fears, the purpose being finally to destroy any residual resistance.  Less threatening though equally specific is Room 140 at Macy’s department store Herald Square flagship store in Manhattan, New York City.  One of a few private “jails” in New York, those accused of shoplifting are escorted by security guards to Room 140’s cells where they can be held for hours, the stories told suggesting the detained are asked to sign an admission of guilt and pay sometimes hundreds of dollars in “fines”, sometimes without any conclusive proof of an offence.  That may sound medieval but a majority of US states do have on the books legislation which offer retailers often a wide latitude forcefully to hold and subsequently fine suspects, even if, technically, nothing has been stolen or criminal charges have been dropped.  The US industry’s problem is real because as much as US$15 billion is each year lost to shoplifting and the purpose of the laws is both a tacit admission the state would prefer not to be involved in “low dollar value” matters and a way to enable stores to recoup some losses.  Under New York's long-standing law, retailers may collect a penalty of five times the cost of the stolen merchandise (up to US$500 per item), plus as much as US$1,500 if the “recovered” merchandise isn't in a condition to be sold.  A conviction is not a pre-condition to bring a civil claim.

If ever Macy's comes under new management, hopefully the new operators will have a better sense of the sardonic and rename "Room 140" to "Room 101".

In operation, application has been controversial with claims retailers abuse the law by engaging in “racial profiling”, targeting minorities and holding customers for hours as a form of duress; Macy’s has in the past paid a settlement to the state to settle a number of claims.  Macy’s maintain their corporate policies prohibit coercion when recovering fines, recently issuing a statement: “Our policy of exercising our right to pursue a civil recovery payment is consistent with common practice in the retail industry and within the parameters of the law.”  Many retailers detain suspected shoplifters although few have their own jail cells and Macy’s is unusual in requesting the on-the-spot payment of fines.

Mnemonic

Mnemonic (pronounced ni-mon-ik)

(1) Something assisting or intended to assist the memory.

(2) Pertaining to mnemonics or to memory.

(3) In computing, truncated code thought easy to remember (eg STO for store).

1660–1670: From the New Latin mnemonicus from the Ancient Greek μνημονικός (mnēmonikós) (of memory) derived from μνήμων (mnḗmōn) (remembering, mindful) & μνᾶσθαι (mnâsthai) (to remember); the ultimate root was the primitive Indo-European men (to think).  The meaning "aiding the memory", a back-formation from mnemonics dates from 1753, the noun meaning "mnemonic device" is from 1858.  The use in computer programming emerged in the early days of code and was a space-saving (eg del rather than delete) tool as well.  Mnemonical was the original form from the 1660s.  One of the charming ironies of mnemonic is it is one of those words so many can't quite remember how to spell.  It's thus in a sense "antimnemonic" and a contronym (also as auto-antonym, antagonym, or enantiodrome) which describes a word with two opposite or contradictory meanings, depending on context.  Mnemonic is a noun & adjective, mnemonician, mnemonicalist, mnemotechnist & mnemonicon are nouns, mnemonize & mnemonized are verbs, mnemonical & mnemotechnic are adjectives and mnemonically & mnemotechnically are adverbs; the noun plural is mnemonics.

Sans Forgetica

Sans Forgetica sample text.

Recently released, Sans Forgetica (which translates as "without forgetting") is a sans-serif font developed by RMIT University in Melbourne.  Back-slanted and with gaps in the character constructions, it’s designed explicitly to assist readers better to understand and retain in their memory what they’ve read.  Perhaps counter-intuitively for those outside the field, the shape is intended to reduce legibility, thereby (1) lengthening the tame taken to read the text and (2) adding complexity to learning and absorbing what’s been read.  Together, they create what in cognitive psychology and neuroscience is called "desirable difficulty", in this case forcing (RMIT might prefer "nudging") people to concentrate.

The first three paragraphs of Lindsay Lohan's Wikipedia page, rendered in Sans Forgetica.  Sans was from the Middle English saunz & sans, from the Old French sans, senz & sens, from the Latin sine (without) conflated with absēns (absent, remote).   Forgetica was an opportunistic coining, the construct being forget + -ica.  Forget was from the Middle English forgeten, forgiten, foryeten & forȝiten, from the Old English forġietan (to forget) (which was influenced by the Old Norse geta (to get; to guess), from the Proto-West Germanic fragetan (to give up, forget).  The -ica suffix was from the Latin -ica, the neuter plural of -icus (belonging to derived from; of or pertaining to; connected with).

From usually a young age, readers become skilled at scanning text, a process helped by most publishers seeking to render their works as legible as possible.  The theory of desirable difficulty is that omitting parts of the font requires the reader to pause and process information more slowly, thus provoking an additional cognitive processing which may enhance both understanding and retention.  While the application of the science to a font is novel, there’s nothing original about Sans Forgetica as a piece of typography, it being described as a hybrid of several existing schools and within the theory, on the basis of a small-group sample of students, it’s claimed to be a balance between legibility and difficulty.  According to the documents supplied by the developer, it’s not been tested as a device for advertisers to draw people to their text, the theory of that being people scan and dismiss (without retention) the great bulk of the large, static signage which is a feature of just about every urban environment.  With Sans Forgetica, because it can’t as quickly be scanned, people will tend longer to linger and so more carefully read the whole; a memorable event itself.

The most recent revision (DSM-5-TR (2022)) to the American Psychiatric Association's (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) followed DSM-5 (2013) in refining the somewhat vague section on amnesia in both the DSM-IV (1994) & DSM-IV-TR (2000) where appeared the terms “Psychogenic amnesia” & “dissociative amnesia”, the core element of which was: “one or more episodes of inability to recall important personal information, usually of a traumatic or stressful nature, that is too extensive to be explained by ordinary forgetfulness.”  That really reflected the popular understanding and there was no clear definition of sub-types in the diagnostic criteria although in the text (not always in criteria) there was mention of localized, selective or generalized forms.  In the fifth edition, the disorder was called Dissociative Amnesia (psychogenic amnesia seems to have been replaced) and it was listed in the dissociative disorders section.  The definition still includes an “inability to recall important autobiographical information, usually of a traumatic or stressful nature, that is inconsistent with ordinary forgetting” so the popular understanding remains acknowledged but sub-types are now listed: localized (for specific event(s)), selective (some parts of the event), or generalized (identity and life history) amnesia.  Consistent with the structural revisions elsewhere in the fifth edition, the exclusion criteria was made more explicit (ie the memory loss should not be due to substances, medication, a neurological condition or better accounted for by another mental disorder) although clinician remain aware of overlap.  Significantly the DSM-5 did clarify that amnesia is retrograde (loss of pre-existing memories), especially of autobiographical kind and emphasised the memory loss is “beyond what is expected from normal forgetting.”  Because in such matters, there will be so much variation between patients, it remains one of those conditions with fuzzy boundaries and the symptoms presented must be assessed on a case-by-case basis.

Amnesia (memory loss) is much studied and although associated with the aging process, traumatic events (brain injury or psychological impacts) and certain neurological conditions, there have been some celebrated cases of recovery without medical intervention.  One celebrated case was that of Rudolf Hess (1894–1987; Nazi Deputy Führer 1933-1941) who in 1941 (on the eve of Germany invading the USSR) flew himself to Scotland in a bizarre and unauthorized attempt to negotiate a peace deal with those in the UK he though would be "reasonable men".    His "offer" was rejected and he was locked up (including two weeks in the Tower of London), later to be sent as a defendant before the IMT (International Military Tribunal) in the first Nuremberg Trial (1945-1946).  There, so convincing were his symptoms of amnesia and other mental states the judges requested submissions from defence and prosecution counsel on the matter of his fitness to stand trial.  The prosecutors assured the bench Hess would be able to both understand and cope with the proceedings and that an imperfect memory was merely a hindrance to his defence rather than an insuperable obstacle.  This was of course a predictable argument and the judges acceded to the defence’s request for a thorough medical investigation although they declined the suggestion Swiss doctors be consulted, assembling instead a team from medical staff on hand (three Soviet, three American, three British and one French), all from the nations running the trial.  The physicians presented four national papers which broadly were in agreement: Hess was sane (as legally defined) but was suffering from hysterical amnesia, induced by his need to escape from uncomfortable realities, something they found was often typical of “those with Hess’s unstable personality”.  All concluded the amnesia was temporary and would vary in intensity, the US doctors suggesting it may even disappear were any threat of punishment removed.

Caricature of Rudolf Hess at the first Nuremberg Trial by New Zealand-born UK cartoonist David Low (1891-1963).

The author Rebecca West (1892–1983) covered the trial as a journalist and wrote some vivid thumbnail sketches, noting of Hess: “Hess was noticeable because he was so plainly mad: so plainly mad that it seemed shameful that he should be tried.  His skin was ashen and he had that odd faculty, peculiar to lunatics, of falling into strained positions which no normal person could maintain for more than a few minutes, and staying fixed in contortion for hours. He had the classless air characteristic of asylum inmates; evidently his distracted personality had torn up all clues to his past.  He looked as if his mind had no surface, as if every part of it had been blasted away except the depth where the nightmares live.”  Whether or not Hess was "mad" (as such folk were described in 1946) can be debated but to many at the time, he certainly looked a madman.

Predictably unconvinced, Hess’s counsel at a hearing on 30 November 1945 told the bench a defendant could hardly stage an adequate defence if unable to remember names or incidents vital to his case, adding that on the basis of discussions with his client, even if he understood the words, Hess was incapable of grasping the significance of the charges against him.  Nor would a trial in absentia be fair because it would constituent a “grave injustice” were a defendant not present to give evidence or challenge the testimony of witnesses.  He concluded by requesting proceedings against him should be suspended and resumed only if his condition significantly improved.  To that, the British countered with a lengthy lecture on the distinctions in English law between amnesia & insanity and seconded the Soviet view that participation in the trial (and thus the need to make a defence) might well cure his condition.  Essentially, the British argued if he could follow the proceedings, he was fit to stand trial.  The US team noted Hess had at times claimed to be suffering amnesia while in captivity in England between 1941-1945 and on other occasions admitted the condition was simulated.  In the slang of the English criminal bar: “He had a bit of previous”.  The Americans also expressed annoyance at him having repeatedly refused any of the treatment prescribed by the Allied doctors, concluding: “He is in the volunteer class with his amnesia”.  The lawyers having finished, the IMT asked Hess if he wished to speak on the matter.  Without delay, he rose in the dock and walked to the microphone where he addressed the court in a clear and calm voice, his statement coherent, unambiguous and, most historians have concluded, clearly premeditated: “Henceforth my memory will again respond to the outside world.  The reasons for simulating loss of memory were of a tactical nature.  Only my ability to concentrate is, in fact, somewhat reduced.  But my capacity to follow the trial, to defend myself, to put questions to witnesses, or to answer questions myself is not affected thereby.  I also simulated loss of memory in consultations with my officially appointed defence counsel. He has therefore represented in good faith.”

He then sat down in what was described as a “stunned courtroom”.  It was at that point the trial’s most sensational moment and after taking a few seconds to digest things, the assembled press pack in their dozens rushed outside to file the story (the US military newspaper Stars and Stripes ran the punchy headline “Hess Nuts. Fake Story Fake”).  Immediately, the president of the IMT adjourned the session and the judges went into private session to decide whether Hess should be tried.  From their subsequent interviews and writings it appears they were not much influenced by Hess’s unexpected statement but were impressed by the similarity of the conclusions offered by the doctors, the chief US prosecutor saying such “unanimity of medical opinion” was, in his experience: “historically unique”.  All eight judges agreed Hess was fit to stand trial and, after being convicted on two counts ((1) conspiracy to wage aggressive war and (2) waging aggressive war), he was handed a life sentence and would remain incarcerated until in 1987 he committed suicide after some 46 years behind bars, the last two decades of which were served as the sole inmate (guarded by dozens of soldiers on rotation from France, the UK, US and USSR) of Berlin’s sprawling Spandau Prison, a huge facility designed to incarcerate hundreds.

Low’s take on the official German line explaining Hess deserting the German government as “madness”.  This cartoon does represent what was then the prevailing public perception of the typical appearance expected of those in “lunatic asylums”.  Depicted (left to right) are:

Hermann Göring (1893–1946; leading Nazi 1922-1945, Hitler's designated successor & Reichsmarschall 1940-1945): Committed suicide by by crushing between his teeth an ampule of a potassium cyanide (KCN), smuggled into his cell in circumstances never confirmed, shortly before he was to be hanged after being convicted on all four counts ((1) Conspiracy to wage aggressive war; (2) Waging aggressive war; (3) War crimes and (4) Crimes against humanity.

Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945): With his wife Eva (née Braun; 1912–1945) of a few hours, committed suicide (he by gunshot and KCN, she by KCN alone) with the tanks of the Red Army only a couple of blocks from the Berlin Führerbunker.

Dr Robert Ley (1890–1945; head of the Deutsche Arbeitsfront (German Labour Front) 1933-1945): Before the trial began, he committed suicide by hanging (by means of suffocation) himself from the toilet-pipe in his cell in Nuremberg, after having for some years made a reasonable attempt to drink himself to death.  He died with his underpants stuffed in his mouth, decades before the phrase "Eat my shorts!" began to circulate in popular culture.

Joachim von Ribbentrop (1893–1946; Nazi foreign minister 1938-1945): Hanged at Nuremberg after being convicted on all four counts.

Dr Joseph Goebbels: With his wife (Magda Goebbels (née Ritschel; 1901-1945), committed suicide (by gunshot) in the courtyard above the Führerbunker, shortly after they’d murdered their six young children.

Heinrich Himmler (1900–1945; Reichsführer SS 1929-1945): Captured by the British while attempting to escape disguised as a soldier, he committed suicide using an ampule of KCN concealed in his mouth.

Whether Hess was at any point insane (in the legal or medical sense) remains debated although, as is often the case, more interesting still is the speculation about just when the instability began.  Whether any credence can be attached to the official statement on the matter from the Nazi Party is doubtful but in the view of Reich Chancellery, his madness predated his flight to Scotland in 1941 (one of the strangest incidents of World War II (1939-1945)).  What the German press was told to publish was that Hess had become "deluded and deranged", his mental health affected by injuries sustained during World War I (1914-1918) and that he'd fallen under the influence of astrologers.  Just to make that sound convincing, the police conducted a crackdown (a well oiled technique in the Nazi state) on soothsayers and fortune-tellers.  Dr Joseph Goebbels (1897-1975; Nazi propaganda minister 1933-1945) wasn't consulted before the "madness" explanation was announced and he seems to have been the only senior figure in the regime to grasp the potential implications of revealing to the public that for some time the country's deputy leader had been mad.  Others though did make the connection.  When Hermann Göring tried to shift the blame to aircraft designer and manufacturer Willy Messerschmitt (1898–1978) because he'd provided Hess a twin-engined Bf 110 Zerstörer (destroyer (heavy fighter)) for his flight, the engineer responded by saying Göring was more culpable because he should have done something about having someone unstable serving as Deputy Führer.  Göring could only laugh and told Messerschmitt to go back to building warplanes and, as it turned out, the strange affair was but a "nine day wonder" for not only did the British make no attempt to use Hess's arrival on their soil for propaganda purposes (which astonished Goebbels) but other events would soon dominate the headlines.  The only place where the strange flight left a great impression was in the Kremlin where comrade Stalin (1878-1953; Soviet leader 1924-1953) for years mulled over who within the British establishment might have conspired with Hess to allow the UK to withdraw from the conflict, leaving Germany able to invade Russia without having to fight on two fronts.  Historians have concluded the reluctance by the British to use for propaganda the arrival of Hess was their concern comrade Stalin might suspect collusion. 

Arthur Sinodinos, b 1957; Liberal Party functionary and minister variously 2007-2019; Australian ambassador to the US 2019-2023, right ) presenting to Donald Trump (b 1946; US president 2017-2021 and since 2025, left) his credentials as Australia's ambassador to the US, the White House, Washington DC, February 2020.

Less dramatic but perhaps medically even more remarkable than the Hess affair was the recovery from amnesia by Arthur Sinodinos, a case which deserves to enter the annals of academic psychiatry & neurology (and debatably, those of the thespians).  In Australia, royal commissions are public investigations, established by but independent of government.  Not a court, royal commissions are created to enquire into matters of public importance and, within their terms of reference, have broad powers to conduct public & in camera hearings; they can call witnesses, compelling them (under oath) to provide testimony and they deliver recommendations to government about what should be done, consequent upon their findings.  These can include recommendations for legislative or administrative changes and the prosecution of institutions or individuals and they’re of great interest because they appear to be the only institution (at least theoretically) able to compel a politician to tell the truth.  Even that power is limited though because when appearing before royal commissions, politicians seem especially prone to suffering amnesia, an obviously distressing condition which compels them frequently to utter phrases like “I can’t remember”, “I don’t recall”, “not in my recollection” etc.  In the lore of the New South Wales (NSW) bar, Mr Sinodinous, while in 2014 being questioned by an enquiry, is believed to have set a record for the frequency with which the condition manifested.  Fortunately, the enquiry handed down no adverse findings against him and almost immediately, his memory appeared miraculously to recover, enabling the Australian Liberal Party government to appoint him ambassador to the US in 2019 so there's that.  The following transcript is wholly fake news:

Donald Trump: "What did you and Joe Biden talk about?"

Arthur Sinodinous: "I can't remember."

Donald Trump: "Not to worry, he won't remember either."

In the rich slang of the NSW bar, the condition once known as RCM (Royal Commission Memory) is now also referred to as “Sinodinos Syndrome”, on the model of “Marcinkus Syndrome” which describes the medical status of Roman Catholic priests who, being investigated for this, that or the other, although seemingly fit and healthy, are never able to be certified quite well enough to be interviewed by police or other authorities.  The condition is named after Archbishop Paul Marcinkus (1922–2006; President of the Institute for the Works of Religion (the “Vatican Bank’) 1971-1989).

Futurism

Futurism (pronounced fyoo-chuh-riz-uhm)

(1) A movement in avant-garde art, developed originally by a group of Italian artists in 1909 in which forms (derived often from the then novel cubism) were used to represent rapid movement and dynamic motion  (sometimes with initial capital letter)

(2) A style of art, literature, music, etc and a theory of art and life in which violence, power, speed, mechanization or machines, and hostility to the past or to traditional forms of expression were advocated or portrayed (often with initial capital letter).

(3) As futurology, a quasi-discipline practiced by (often self-described) futurologists who attempt to predict future events, movements, technologies etc.

(4) In the theology of Judaism, the Jewish expectation of the messiah in the future rather than recognizing him in the presence of Christ.

(5) In the theology of Christianity, eschatological interpretations associating some Biblical prophecies with future events yet to be fulfilled, including the Second Coming.

1909: From the Italian futurismo (literally "futurism" and dating from circa 1909), the construct being futur(e) + -ism.  Future was from the Middle English future & futur, from the Old French futur, (that which is to come; the time ahead) from the Latin futūrus, (going to be; yet to be) which (as a noun) was the irregular suppletive future participle of esse (to be) from the primitive Indo-European bheue (to be, exist; grow).  It was cognate with the Old English bēo (I become, I will be, I am) and displaced the native Old English tōweard and the Middle English afterhede (future (literally “afterhood”) in the given sense.  The technical use in grammar (of tense) dates from the 1520s.  The –ism suffix was from the Ancient Greek ισμός (ismós) & -isma noun suffixes, often directly, sometimes through the Latin –ismus & isma (from where English picked up ize) and sometimes through the French –isme or the German –ismus, all ultimately from the Ancient Greek (where it tended more specifically to express a finished act or thing done).  It appeared in loanwords from Greek, where it was used to form abstract nouns of action, state, condition or doctrine from verbs and on this model, was used as a productive suffix in the formation of nouns denoting action or practice, state or condition, principles, doctrines, a usage or characteristic, devotion or adherence (criticism; barbarism; Darwinism; despotism; plagiarism; realism; witticism etc).  Futurism, futurology, & futurology are nouns, futurist is a noun & adjective and futuristic is an adjective; the noun plural is futurisms.

Lindsay Lohan in Maison Martin Margiela (b 1957) Futuristic Eyewear.

As a descriptor of the movement in art and literature, futurism (as the Italian futurismo) was adopted in 1909 by the Italian poet Filippo Tommaso Marinetti (1876-1944) and the first reference to futurist (a practitioner in the field of futurism) dates from 1911 although the word had been used as early as 1842 in Protestant theology in the sense of “one who holds that nearly the whole of the Book of Revelations refers principally to events yet to come”.  The secular world did being to use futurist to describe "one who has (positive) feelings about the future" in 1846 but for the remainder of the century, use was apparently rare.  The (now probably extinct) noun futurity was from the early seventeenth century.  The noun futurology was introduced by Aldous Huxley (1894-1963) in his book Science, Liberty and Peace (1946) and has (for better or worse), created a minor industry of (often self-described) futurologists.  In theology, the adjective futuristic came into use in 1856 with reference to prophecy but use soon faded.  In concert with futurism, by 1915 it referred in art to “avant-garde; ultra-modern” while by 1921 it was separated from the exclusive attachment to art and meant also “pertaining to the future, predicted to be in the future”, the use in this context spiking rapidly after World War II (1939-1945) when technological developments in fields such as ballistics, jet aircraft, space exploration, electronics, nuclear physics etc stimulated interest in such progress.

Untouched: Crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) & Bill Clinton (b 1946; US president 1993-2001) with cattle, 92^nd Annual Hopkinton State Fair, Contoocook, New Hampshire, September 2007.

Futures, a financial instrument used in the trade of currencies and commodities appeared first in 1880; they allow (1) speculators to bet on price movements and (2) producers and sellers to hedge against price movements and in both cases profits (and losses) can be booked against movement up or down.  Futures trading can be lucrative but is also risky, those who win gaining from those who lose and those in the markets are usually professionals.  The story behind crooked Hillary Clinton's extraordinary profits in cattle futures (not a field in which she’d previously (or has subsequently) displayed interest or expertise) while “serving” as First Lady of Arkansas ((1979–1981 & 1983–1992) remains murky but it can certainly be said that for an apparently “amateur” dabbling in a market played usually by experienced professionals, she was remarkably successful and while perhaps there was some luck involved, her trading record was such it’s a wonder she didn’t take it up as a career.  While many analysts have, based on what documents are available, commented on crooked Hillary’s somewhat improbable (and apparently sometime “irregular”) foray into cattle futures, there was never an “official governmental investigation” by an independent authority and no thus adverse findings have ever been published.  

The Arrival (1913), oil on canvas by Christopher Richard Wynne Nevinson (1889-1946), Tate Gallery.

Given what would unfold over during the twentieth century, it’s probably difficult to appreciate quite how optimistic was the Western world in the years leading up to the World War I (1914-1918).  Such had been the rapidity of the discovery of novelties and of progress in so many fields that expectations of the future were high and, beginning in Italy, futurism was a movement devoted to displaying the energy, dynamism and power of machines and the vitality and change they were bringing to society.  It’s also often forgotten that when the first futurist exhibition was staged in Paris in 1912, the critical establishment was unimpressed, the elaborate imagery with its opulence of color offending their sense of refinement, now so attuned to the sparseness of the cubists.

The Hospital Train (1915), oil on canvas by Gino Severini (1883-1966), Stedelijk Museum.

Futurism had debuted with some impact, the Paris newspaper Le Figaro in 1909 publishing the manifesto by Italian poet Filippo Tommaso Marinetti. Marinetti which dismissed all that was old and celebrated change, originality, and innovation in culture and society, something which should be depicted in art, music and literature. Marinetti exalted in the speed, power of new technologies which were disrupting society, automobiles, aeroplanes and other clattering machines.  Whether he found beauty in the machines or the violence and conflict they delivered was something he left his readers to decide and there were those seduced by both but his stated goal was the repudiation of traditional values and the destruction of cultural institutions such as museums and libraries.  Whether this was intended as a revolutionary roadmap or just a provocation to inspire anger and controversy is something historians have debated.  Assessment of Marinetti as a poet has always been colored by his reputation as a proto-fascist and some treat as "fake mysticism" his claim his "visions" of the future and the path to follow to get there came to him in the moment of a violent car crash. 

Futurismo: Uomo Nuovo (New Man, 1918), drawing by Mario Sironi (1885-1961).

As a technique, the futurist artists borrowed much from the cubists, deploying the same fragmented and intersecting plane surfaces and outlines to render a number of simultaneous, overlaid views of an object but whereas the cubists tended to still life, portraiture and other, usually static, studies of the human form, the futurists worshiped movement, their overlays a device to depict rhythmic spatial repetitions of an object’s outlines during movement.  People did appear in futurist works but usually they weren’t the focal point, instead appearing only in relation to some speeding or noisy machine.  Some of the most prolific of the futurist artists were killed in World War I and as a political movement it didn’t survive the conflict, the industrial war dulling the public appetite for the cult of the machine.  However, the influence of the compositional techniques continued in the 1920s and contributed to art deco which, in more elegant form, would integrate the new world of machines and mass-production into motifs still in use today.

Motociclista (Motorcyclist, circa 1924), oil on canvas by Mario Sironi.

By the early twentieth century when the Futurism movement emerged, machines and mechanism were already hundreds of years old (indeed the precursor devices pre-date Christ) but what changed was the new generations of machines had become sexy (at least in the eyes of men), associated as they were with something beyond mere functionalism: speed and style.  While planes, trains & automobiles all attracted the futurists, the motorcycle was a much-favored motif because it possessed an intimacy beyond other forms of transportation in that, literally it was more an extension of the human body, the rider at speed conforming to the shape of the structure fashioned for aerodynamic efficiency with hands and feet all directly attached to the vital controls: machine as extension of man.

The Modern Boy No. 100, Vol 4, Week Ending 4 January, 1930.

The Modern Boy (1928-1939) was, as the name implies, a British magazine targeted at males aged 12-18 and the content reflected the state of mind in the society of the inter-war years, the 1930s a curious decade of progress, regression, hope and despair.  Although what filled much of the pages (guns, military conquest and other exploits, fast cars and motorcycles, stuff the British were doing in other peoples’ countries) would today see the editors cancelled or visited by one of the many organs of the British state concerned with the suppression of such things), it was what readers (presumably with the acquiescence of their parents) wanted.  Best remembered of the authors whose works appeared in The Modern Boy was Captain W.E. Johns (1893–1968), a World War I RFC (Royal Flying Corps) pilot who created the fictional air-adventurer Biggles.  The first Biggles tale appeared in 1928 in Popular Flying magazine (released also as Popular Aviation and still in publication as Flying) and his stories are still sometimes re-printed (although with the blatant racism edited out).  The first Biggles story had a very modern-sounding title: The White Fokker.  The Modern Boy was a successful weekly which in 1988 was re-launched as Modern Boy, the reason for the change not known although dropping superfluous words (and much else) was a feature of modernism.  In October 1939, a few weeks after the outbreak of World War II, publication ceased, Modern Boy like many titles a victim of restrictions by the Board of Trade on the supply of paper for civilian use.

Jockey Club Innovation Tower, Hong Kong (2013) by Zaha Hadid (1950-2016).

If the characteristics of futurism in art were identifiable (though not always admired), in architecture, it can be hard to tell where modernism ends and futurism begins.  Aesthetics aside, the core purpose of modernism was of course its utilitarian value and that did tend to dictate the austerity, straight lines and crisp geometry that evolved into mid-century minimalism so modernism, in its pure form, should probably be thought of as a style without an ulterior motive.  Futurist architecture however carried the agenda which in its earliest days borrowed from the futurist artists in that it was an assault on the past but later moved on and in the twenty-first century, the futurist architects seem now to be interested above all in the possibilities offered by advances in structural engineering, functionality sacrificed if need be just to demonstrate that something new can be done.  That's doubtless of great interest at awards dinners where architects give prizes to each other for this and that but has produced an international consensus that it's better to draw something new than something elegant.  The critique is that while modernism once offered “less is more”, with neo-futurist architecture it's now “less is bore”.  Art deco and mid-century modernism have aged well and it will be interesting to see how history judges the neo-futurists.