While looking at the rarity and crazed behavior of Luka Magnotta, it seems possible that his defense might ask the court to forgive based on a plea of insanity.
Usage and success rate
This increased coverage gives the impression that the defense is widely used, but this is not the case. According to an eight-state study, the insanity defense is used in less than 1% of all court cases and, when used, has only a 26% success rate.[2] Of those cases that were successful, 90% of the defendants had been previously diagnosed with mental illness.[2]With the Insanity Defense Reform Act of 1984, the standards increased and the burden of proof moved onto the defense.
Burden of proof
In a majority of states, the burden is placed on the defendant, who must prove insanity by a preponderance of the evidence.
In a minority of states, the burden is placed on the prosecution, who must prove sanity beyond a reasonable doubt.
In federal court, and in Arizona, the burden is placed on the defendant, who must prove insanity by clear and convincing evidence.[citation needed]
Even though professionals like physiatrists can testify during a trial, it is left up to the members of the jury to decide if the defendant is insane or temporarily insane at the time of the crime.
The defendant's attorney must be able to demonstrate that their client was unaware of the consequences of their actions or that they are unable to control their actions.
The defendant's attorney must be able to demonstrate that their client was unaware of the consequences of their actions or that they are unable to control their actions.
According to an article in The Seattle Times, in Canada, it seems to be a little easier to walk after a defendant has been declared not guilty by reason of insanity or more specifically, “not criminally responsible by reason of mental illness.” The specific case they speak of involves a woman who was taking a diet-drug that her and her defense claimed drove her into a psychotic episode. Not only was she found not guilty, she was also allowed to walk without going to a mental hospital.
Thanks to a Canadian Supreme Court ruling eight years ago, it's far easier there for criminals to be cleared by claiming insanity than it is in the United States.
Still, many legal experts in Canada were surprised, and some rankled, that Julia Campagna of Seattle walked away scot-free from a British Columbian courtroom yesterday after causing an explosive car crash at the Blaine border last year that killed two Canadian women.
"Before, this woman would have been locked up in a mental hospital for the criminally insane, and she probably would have spent 15 or 20 years there," said Don Egleston, a law professor at the University of British Columbia in Vancouver.Andre Thomas tried pleading insanity in the state of Texas. He was convicted of killing his wife and son, along with his estranged wife and her daughter. They were all stabbed and he ripped their hearts out. After surrendering to police, he also ate his eye. Even with these crazed actions, the court considered him sane.
MYSPACE/THE CANADIAN PRESS
Of course this is just comparing two cases but again, the defense is fairly rare and successful. Still, could Luka's defense offer an insanity plea? If Canada is much more accepting of the idea of considering a person to be insane at the time of committing their crime, it certainly is not far fetched to think Luka could simply end up in a mental hospital for a certain period of time.
Personally, I think this type of defense is ridiculous. I side with the states that have banned the plea of insanity. Anyone can claim to be insane and with a little effort; anyone can look and appear insane. There really is no way to determine one way or the other. A person should be held responsible for their actions. This certainly does not mean I do not sympathize with those that suffer from mental illness but, it does mean that I find it would be impossible for someone to be rehabilitated from things a person did while in a manic state. For instance, I simply cannot believe a person can go back to being "normal" or function in society knowing that they violently killed someone and then proceeded to eat the body. In Luka's case, he also performed sexual acts on the corpse. Surely the man is crazy but it is my opinion that being crazy is simply not an excuse. Just the idea that someone like this could be back out on the streets after some years of therapy turns my stomach, not to mention what the victim's parents must feel.
In recent days, I have had the privilege of reading some wonderful comments on my blog pertaining to the Luka case. A wealth of information was given as well as some interesting links that reveal even more about Luka and his desperate attempt at claiming fame through shameless, careless, and amateurish self-promotion.
In recent days, I have had the privilege of reading some wonderful comments on my blog pertaining to the Luka case. A wealth of information was given as well as some interesting links that reveal even more about Luka and his desperate attempt at claiming fame through shameless, careless, and amateurish self-promotion.
If you'd like to read articles that were supposedly written by Luka, you can click here for a list. It's apparent that much of what he wrote was copied and slightly altered. For instance, if you look at this article:
Scientology Saved My Existance that was dated, 7/01/09, you can simply copy and paste the first paragraph (that he claims to have written), into the search engine and you will clearly see this part was fully lifted from another site - here.
Another post that's entitled, People Hate Me Because Im Beautiful, is almost uncomfortable to read. I feel embarrassed for him.
Why do people hate me just because I am beautiful?
Why do people avoid my just because I am beautiful. Guys don't want to be around me because they are afraid they would look ugly standing next to me. People don't ask me out because they are intimidated by how beautiful I am. I am so beautiful that if you saw me you would probably be jealous too. I don't mean to be rude but I am just being honest, I know that I am beatiful and I never hide the fact that I am. What should I do, my beauty is a gift but also a curse? I've even tried making myself look uglier but I had to face the fact that there is nothing in the world that could cover up my beauty.
Okay...wow, just wow. Clearly this guy is delusional and the more he talks about how great looking he is, the more uglier he becomes. There are quite a few more posts that display his vanity and narcissism. The parts that are well written come from other writings without any effort to give credit to their source. The other parts are poorly written and clearly the work of Luka. Dare I bring up the topic of this killer promoting the use of marijuana? Sure, maybe marijuana is not the worst drug but someone like Luka promoting its use is hardly making a case that it's benign.
More articles concerning this awful boyfriend of his are on display for everyone to read. I'm not sure who he was dating but it seems rather odd that whoever they are did not check the internet or the sites that Luka frequented. Most of the boyfriend stories simply do not come across are credible.They are peppered with complaints, whining, and a clear desire to present himself as a victim. Poor Luka.
Here's another one that makes me laugh:
I'm not sure if any of these ramblings proves him to insane. In fact, it appears as though he is a lot like many people in his generation. This is the age of vanity and no-talent celebrity. I think Luka knew he was very inadequate and he did what he could to cover up his severe insecurities.
"If you commit a big crime then you are crazy, and the more heinous the crime, the crazier you must be. Therefore you are not responsible, and nothing is your fault" Peggy Noonan, U.S. writer, newscaster.
Indeed, the justice system along with many legal minds seem to believe that the worse a crime is, the more likely that the person who committed the crime is the one who is suffering and should be given a second chance. Let's hope that Canada doesn't allow this sicko to walk.
It is now being reported that Luka is now back in Canada.
Perhaps Magnotta thought of himself as sexy and ridiculously good looking like a Zoolander character. It seems as though many are trying to make connections with this murder and movies that feature murder like, "American Psycho" and the song Luka used over the video by New Order, True Faith. Who knows what was going on inside of his head. Somehow I doubt he was clever enough to have constructed a subliminal background for this cowardly act.
As always, 4Chan, a group famously known on the internet for digging up information has found an assortment of details and internet footprints left by Luka. Click here for more.
Here is an interesting article that discusses a little bit about his family and his lack of any career in modeling and porn.
If you'd like to see pics of his mother, you can click here.
Pretty much everything you can find on the internet that concerns Luka was written by Luka. A perfect example of this is when you go to Yahoo! Answers. You can search Luka's name and any question that you find there about him, aside from the questions written after the video was posted, was actually written by Luka through fake accounts and many of the questions are answered with other fake accounts that Luka set up.
Initially when I started out writing this post, I was under the impression that an insanity plea in America was relatively new but this is not true. What is true is that in both the US and in Canada this defense has been around for a very long time. However, only in Canada does it appear to be slightly more successful. With that being said, I feel Luka's internet trail proves that he is not insane but rather just an insecure coward who lacked talent and intelligence and wanted desperately to become popular in the world. All of his actions were done out of desperation and with a specific purpose in mind.
Here's another one that makes me laugh:
Most People Are Haters
Why does everyone have to not like me? I don't know if they do or not, but I think that everyone hates me.
Even when they say they love me. I just can't stop thinking about it. I mean I tell myself I don't really care what others think of me, but actually I do. The neighbours hate me because they feel like I anoy the hell out of them. My family hates me because They treat me like crap. My dog hates me because he doesn't want to get close to me. I just don't know. I mean,No one has really said they hated me but.I just don't know. Most of the time I think people are just envious of my looks and my personality and they feel like trash standing next to me because I outshine them.
Even when I walk down the street and mind my own business people justwalk by and say "he thinks he's so hot" and they make rude comments. People are just plaine stupid and morans and I can't believe that they r=treat me with such disrespect.No one is envious of his looks! Dear heavens. I cannot stand people who are like this. Just because someone doesn't like you, does NOT mean they are jealous in anyway. In fact, most the time, people just don't like others because they don't like that person. Jealousy usually has nothing to do with it.
I'm not sure if any of these ramblings proves him to insane. In fact, it appears as though he is a lot like many people in his generation. This is the age of vanity and no-talent celebrity. I think Luka knew he was very inadequate and he did what he could to cover up his severe insecurities.
"If you commit a big crime then you are crazy, and the more heinous the crime, the crazier you must be. Therefore you are not responsible, and nothing is your fault" Peggy Noonan, U.S. writer, newscaster.
Indeed, the justice system along with many legal minds seem to believe that the worse a crime is, the more likely that the person who committed the crime is the one who is suffering and should be given a second chance. Let's hope that Canada doesn't allow this sicko to walk.
It is now being reported that Luka is now back in Canada.
MONTREAL POLICE PHOTO
He returned to Montreal as the only suspect in the slaying and dismemberment of Concordia University student Jun Lin, captured in Berlin after a 10-day world-wide manhunt and finally showered with all the fame he’d so ardently coveted, moving from social media marginalia to mainstream headlines.
The plane touched down in Montreal shortly before 7 p.m. Magnotta disembarked far from the prying eyes of reporters and TV cameras, depriving him of a media audience home-coming.
“I have no obsession with the limelight.”
Magnotta, 29, had left behind an extensive digital footprint trail, popping up like Woody Allen’s Zelig character in video footage, niche porn websites, Internet toy-boy spreads (mostly shirtless) and reality show audition tapes. His self-generated bids for media coverage included at least twice approaching reporters, in Toronto and the United Kingdom, to deny any sex ties to notorious school-girl procurer Karla Homolka, a piggy-backing rumor that he’d apparently started.Interestingly enough, another comment was left on my blog revealing the similarities of Luka's handiwork and the movie, "Basic Instinct" with Sharon Stone. It looks like this story has been picked up earlier this month.
In the Oscar-winning movie Basic Instinct, starring Michael Douglas and Sharon Stone, the film starts with a graphic sex slaying, where the victim is bound to a bed in the killer’s bedroom, the two have sex and then the victim is vividly killed with an ice pick. Later, the killer, Ms. Stone’s character, says: “Killing isn’t like smoking. You can stop.”
In the graphic real-life video slaying, the victim, Lin Jun, is bound to a bed in a Montreal bedroom while he is sexually assaulted and then vividly stabbed repeatedly with an ice pick. Earlier, in a letter, the wanted fugitive Luka Magnotta in the case said: “Killing is different than smoking… with smoking you can actually quit.”
An online account linked to Mr. Magnotta by online sleuths tracked forum contributions using the assumed name “Katherine Tramell.” The name of the villain played by Ms. Stone in Basic Instinct was Catherine Tramell.
Some of the similarities and links were noticed by Bryan Benner, a master’s student in sociology at the University of Victoria.
“Magnotta’s [alleged] choice of an ice pick is a deliberate homage to the film Basic Instinct,” Mr. Benner told National Post.
Perhaps Magnotta thought of himself as sexy and ridiculously good looking like a Zoolander character. It seems as though many are trying to make connections with this murder and movies that feature murder like, "American Psycho" and the song Luka used over the video by New Order, True Faith. Who knows what was going on inside of his head. Somehow I doubt he was clever enough to have constructed a subliminal background for this cowardly act.
As always, 4Chan, a group famously known on the internet for digging up information has found an assortment of details and internet footprints left by Luka. Click here for more.
Here is an interesting article that discusses a little bit about his family and his lack of any career in modeling and porn.
If you'd like to see pics of his mother, you can click here.
Pretty much everything you can find on the internet that concerns Luka was written by Luka. A perfect example of this is when you go to Yahoo! Answers. You can search Luka's name and any question that you find there about him, aside from the questions written after the video was posted, was actually written by Luka through fake accounts and many of the questions are answered with other fake accounts that Luka set up.
Initially when I started out writing this post, I was under the impression that an insanity plea in America was relatively new but this is not true. What is true is that in both the US and in Canada this defense has been around for a very long time. However, only in Canada does it appear to be slightly more successful. With that being said, I feel Luka's internet trail proves that he is not insane but rather just an insecure coward who lacked talent and intelligence and wanted desperately to become popular in the world. All of his actions were done out of desperation and with a specific purpose in mind.
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