Tag Archives: Luka Magnotta

Slightly Medieval Misconceptions

Posted on by
Reply

There seems to be a public misconception perpetuated by the media that when an individual is brought before the courts anyone can make an attempt to use the “mental illness card” and seek a designation of Not Criminally Responsible On Account of a Mental Disorder (NCR). Firstly, when a lawyer seeks the designation of NCR it may be the prosecution or the defense and it is rarely at the direction of the accused. Secondly, it is not pursued for any individual with a mental disorder but only in those cases where there is a possibility that the mental disorder rendered the accused incapable of appreciating the nature and quality of the act or of knowing that it was wrong. There needs to be a causal relationship between psychiatric symptoms and the offence. To have a mental disorder itself does not automatically lead to a loss of reality.

A finding of NCR does not simply mean that the accused has a diagnosis but that the disorder removed a crucial element of a crime. In order to be convicted of a crime the prosecuting crown must prove that there was criminal conduct or a guilty act but also that there was a criminal state of mind or a guilty mind beyond a reasonable doubt.

In certain instances a mental disorder can render an individual incapable of appreciating that an act was wrong which can subsequently prove that their mind was not guilty. It is not a matter of being ignorant about a law it is a matter of being incapable.

Individuals who are found to be NCR are not innocent or guilty and are thereafter referred to as the accused. They are usually confined to a forensic hospital for treatment and rehabilitation for an indefinite period. Their progress or lack thereof is reviewed yearly by a Review Board and a disposition is decided by a panel after hearing evidence from the hospital, the crown, the accused and the victims. Restrictions may be removed or added depending on the evidence. Public safety is paramount and it follows that the least restrictive and least onerous conditions for the accused are put in place. Treatment and rehabilitation are important but they do not overshadow public safety.

There are instances where a finding of NCR could be pursued but some lawyers do not pursue it as it places their client in a position of indefinite custody. To act in the best interests of their client a finding of guilt is preferred as the freedom of their client is determinant. This is logical but serves no one as the underlying illness is sometimes ignored. From the perspective of public safety this is the less desirable option as treatment and rehabilitation reduce recidivism.

There is a misconception that to be found NCR is some form of getting off. In some instances NCR individuals gain community access sooner than if they were sentenced but the opposite is just as probable.

My interest in the Luka Magnotta case is that it provides me an opportunity to inform and educate. These high profile cases highlight the stigma and misconceptions that permeate our society. The attitudes that spring forth are of little consequence to me personally but I am alarmed because they affect all individuals who experience mental illness. NCR is not a club or union that seeks members. Like anyone I would prefer to see no NCR cases as I am acutely aware that there are victims on both sides.

The NCR provisions in the Canadian Criminal Code protect us all on many levels. They insure humane and progressive treatment of the accused and for anyone with insight who realizes they are not immune to mental illness it is a relief to know you would not be punished for an illness that rendered you incapable of appreciating the nature of a wrong. No one should be punished for events that are beyond their control. This is civilized and this is humane.

I personally believe that the defense in the Luka Magnotta case has a difficult task but my mind remains open to all possibilities and I will wait for more evidence. There appears to be evidence of knowledge of wrongfulness but even this could be explained in the light of a mental disorder. There can still exist an impaired ability to reason or appreciate. It has to be proven that Luka Magnotta had the ability to apply the knowledge that his actions were wrong. To form an opinion and tie the knot of the noose in the first week of a trial is unfair, dangerous, irresponsible, unjust and slightly medieval.

The Toronto Sun’s Failed Attempt at Facts Using Michele Mandel As A Moronic Media Mistress

Posted on by
1

It seems the London Free Press is not satisfied with their own ignorance and stupidity so they are borrowing from the Toronto Sun. It all reminds me of a group of children trying to find answers about the big world without leaving the playground. The result is a group of bedwetter’s who are confused as to what Santa Claus actually looks like.

Information mixed with ignorance and opinions are the things we find in schoolyards or typed up as an article in Sun Media. It is not journalism and it has to be dissected to be considered news. It all reminds me of some Conservative Action Plan sign where we have to discern what is real and what is simply political propaganda.

Michele Mandel seems to have fallen from the teeter totter and bruised her cranium. When your head is up your derriere these things happen. My condolences go out to her proctologist in having to figure out what is what.

According to Michele Mandel, jurors in the Luka Magnotta case “have the unenviable task of determining the murky line between evil and madness.” Evil and madness seem like simple words but beyond sensationalism they could mean anything. Evil could even be the person in the drive thru who gives me the tomatoes I decline but it seems Michele Mandel is the only one among us with a handle on it. We haven’t been able to figure out evil for eons but in this case it’s whatever Sun Media wants it to be.

Madness seems the more manageable moniker but it is not discerned in any fashion by Michele Mandel. Is she referring to mental illness in general or is madness a specific disorder? Is bipolar disorder madness? Is Obsessive Compulsive Disorder madness? Is Depression madness? Or is, as it is being argued in the case of Luka Magnotta schizophrenia madness?

What exactly is madness? I have perused my medical library, Google and Wikipedia and I can’t find an answer but it seems some journalist with a phoney degree in jurisprudence knows what it is exactly. Do share Michele Mandel. The world needs your expertise.

Let’s assume Michele Mandel knows a lick about schizophrenia and because we are speaking about Luka Magnotta that she is referring to abnormal social behavior and failure to recognize what is real. That being said Nobel Prize winner John Nash and author Jack Kerouac must also be considered mad. As a side note and prediction I doubt Michele Mandel will ever be as accomplished or recognized. We will assume Michele Mandel’s mental health is directly linked to her mediocrity.

According to Michele Mandel’s schoolyard logic there was a murky line with regards to John Nash and he somehow narrowly missed being named evil person of the year or he was at least accidentally awarded with a Nobel Prize. I realize Luka Magnotta is not in the running for any award but if he is found to have been incapable of appreciating the nature and quality of the act or of knowing that it was wrong he is neither evil nor mad, he has a mental disorder. Michele Mandel should be able to appreciate incapable as would most journalists recruited to spew for Sun Media.

I don’t mean to infer that Michele Mandel has a language deficiency as her article has an array of words for mental illness; it’s almost poetic. She gets quite technical and medically irrelevant with words like “crazy”, “insanity”, “ravings” and “diabolical.” For those with an IQ it is journalistic junk recorded in a rag.

If nothing else Michele Mandel is honest as she admits it is impossible to discern between madness and evil. Thankfully the courts do not depend on a journalistic joke and literary lightweight. Canadians don’t need to depend on people who are barely capable with a keyboard. We have forensic psychiatrists who use science to make their way through what to her is a murky line. For them it is not a political penchant but a matter of training, knowledge and experience.

Michele Mandel’s rambling recount of selective facts is thankfully not what the jury will use to determine a verdict and to utter such nonsense is a disservice to impartial journalism, justice and mental health in general. My advice to Michele Mandel is to keep your childish notions out of print so Canadians with integrity can better determine the line between guilt and Not Criminally Responsible On Account of a Mental Disorder. Your agenda and that of your employer should never find its way into print.