Tuesday, September 21, 2021

Titled: "Judgment Day for The Devil" (2012-02) From Criminology (Writing Assignment_BONO)

 

 

 

 

 

 

 

Judgment Day for The Devil

Bono

Lakehead University

 

 

 

 

 

 

 

 

 

Judgment Day for the Devil

Mark Twitchell is presented to the readers of The Devil’s Cinema by Steve Lillebuem (2012) as a character with undiagnosed/self-diagnosed sociopathology,

“What Twitchell was surprised to discover during his research was that he actually shared some of these undesirable personality traits with such monsters: An emotional detachment, a tendency to lie. At times, he was selfish…Twitchell picked up the phone and called a therapist. He aslo visited an on-staff psychiatrist at his nearby hospital. Both mental experts, he claimed, said he was fine.” (pg. 115-116)

The mental illness sociopathology is a form of Antisocial Personality Disorder (APD). The Siegel and McCormick (2012) describe APD as “a lack of normal responses to life situations, the inability to learn from punishment and violent reactions to non-threatening events.” (pg.206) The term sociopathy refers more to the early childhood environment and social factors that affect one’s behaviors versus the term psychopathy which is preferred by those who believe the behaviors result from genetics, biology and psychological build-up of the individual. According to Siegel and McCormick (2012) sociopathy is “a mental disorder characterized by lack of warmth and affection, inappropriate responses, and an inability to learn from experience.” (pg.206) So from both definitions of sociopathy, one can derive a similar character build to that of Mark Twitchell in Lillebuen’s (2012) writing,

“began typing a long passage that began with an admission that his continued lying to his wife was spiraling out of control: I feel no remorse for this whatsoever, maybe because I feel like I’m entitle. I often find myself justifying my actions based on overarching loose philosophy like life is too short, or what she doesn’t know won’t hurt her. I’ve set up an intricate and elaborate web of lies around my entire relationship that I would claim is to protect her from stress, but all I seem to be doing is protecting her from truly knowing who I am.”(pg. 115)

  According to the Canadian justice system, Personality disorders are a legal defense for a case like Twitchell’s if he were truly diagnosed with sociopathology. According to Stephen Hucker’s (2011)

“personality disorders are eligible for this defence. At the present time this is uncommon, largely because appellate court decisions have rendered it unlikely that an individual with a personality disorder would be unable to appreciate the nature and quality of the act in the manner that the courts have ruled” (forensicpsychiatry.ca)

Twitchell’s Lawyer did not attempt to use the “not criminally responsible” due to mental illness defense because of Twitchell’s previous actions and the fact that he would not admit guilt to the murder of the Johnny Altinger. Twitchell’s big defense strategy was to plea self-defence in terms of the way in which he murdered Altinger. There would have been a few obstacles for Twitchell to plea mental disorder as well though. Stephen Hucker (2011) goes into depth when describing what factors one must consider when deciding on criminal responsibility,

“Evidence of mental disorder currently, in the past and at time of offense
presence of delusions, mood disorder. Motive for offense; if no apparent motive other than psychotic, suggests valid mental disorder; if rational motive also present, such as profit, suspect malingering or coincidental mental disorder. Consider planning and preparation for crime. Evidence of impaired functioning within a few days of the crime. Detailed understanding of accused’s thinking and behaviour before, during and after crime; evidence of bizarre behaviour; attempt to escape or avoid detection. Consider criminal record and personality disorder. Consider previous psychiatric history. Do previous hospital records describe delusions or hallucinations that relate to current offense. If accused did not know the act was wrong, was this due to mental disorder?” (foresnicpsychiatry.ca)

The fact that Twitchell disposed of the body, tried to clean up and created such an elaborate series of lies to cover his trail is a clear reason why the court would not have bought the defence of mental illness. Mental disorders are sometimes characterized after the fact in which case it would need to be proven that at the time the individual was acting knowledgably and able to appreciate their actions in order for the mental disorder defence to not work. Twitchell was in a stable mind frame though, he carefully planned and plotted the murder of Johnny Altinger and actually attempted at the fortunate Giles’ life.  The fact that Twitchell planned and plotted both the murder and the attempted murder, acts against the mental illness defence because it proves Acteus reus and Mens rea were both present at the time of the crime. We see the beginning of Twitchell’s plotting in The Devil’s Cinema with the creation of S.K. Confessions “He turned to his computer again, fingers above the keyboard, and typed in high spirits: This is a story of my progression into becoming a serial killer.” (pg.130 Lillebuen 2012) So, from everything described here, one can conclude that there is more than enough evidence to stop a possible plea of insanity from Twitchell that would fall under the M’Naughten Rule. This is primarily because he is knowledgeable of the difference between the right and wrong, the consequence of his actions, able to coordinate his counsel and is fit to stand trial. 

Twitchell’s “obsession” with Dexter merely gave him a structure to which he could manipulate as his own. With a monster like Twitchell who seriously deviates from the glorified methodical killer Dexter, it is impossible to say exactly why he did something or believe the reasons he gives for his actions.  As Jeff Lindsay attested in Steve Lillebuen’s (2012)novel the Devil’s Cinema, Twitchell already had the capacity to kill.

“Reading Dexter will not make you a killer, he wrote in his opinion piece. If you are not already capable of killing another human being in a cold, cruel, deliberate way, no book ever written will make you capable of doing so. There are no magic words that will turn you into a psychopath.” (pg.315)

The love he had for the show just made it more appealing for him, there are millions of fans who have not acted on any fantasies they may have encountered while watching the show. The only thing Twitchell did in his killing to pay homage to the fictional killer was creating a kill room of his own, use a series of knives to cut up the body and target a group of individuals who he felt deserved to die.  The kill room Twitchell used however was nothing of the same nature to which Dexter from the show uses. Dexter kills his victims in a place which reflects the crimes to which they were committed or pay homage to in a significant way. The knife collection which Dexter has and uses to cut up the bodies is merely to avoid detection and strictly for mobility purposes and then he disposes them in the ocean whereas Twitchell carved up the bodies for what he thought was that reason but probably just for the self-satisfaction of saying “Dexter did that”. Finally the target group to which Dexter chooses is a group that he sees fit to bettering society and saving innocent lives. Twitchell is poorly targeting a group who he is morally against and oddly enough, criminal of himself. His targets come from a (singular) dating site that which he uses to attract married men that want to have an affair with a woman other than their wife, through this site as described in The Devil’s Cinema,

“At first I considered married men looking to cheat on their wives. In one way I’d be taking out the trash, doling out justice to those who on the same level, deserved what they got. But the logic of the situation denies this possibility. After all, people who are expected home at a certain hour tend to get reported as missing and there’s other factors that would lead to an investigation I didn’t want. No, I had to choose people whose entire lives I could infiltrate and eliminate evidence of my existence from on all levels.”(pg.131, Lillebuen 2012)      

 As similar as Twitchell’s theme or structure in deciding on victims is; Twitchell’s theme/structure is not quite on the same impact level as Dexter’s which ironically would make him a valued target of Dexter. However, as the story progresses, Twitchell decides that men with a family would mean it would be easier for him to get caught and that the men would be noticed after disappearing for so long so he decided to kill random men off the dating site for no moral reasoning. This role model figuring that Twitchell did with Dexter Morgan is not the missing aspect in the quote from Siegel and McCormick. In the quote they are saying that maybe there is a casual link between violence and media, but what is over looked in the assumption of this incident being an extension to what they are saying is that Twitchell murdered in cold blood. Originally Twitchell planned on paying homage to Dexter through murdering “with purpose.” After realizing the wrongness of his actions and evaluating the danger of getting caught, he turned this journey into a self-satisfying urge to take someone’s life, not “take out the trash” as Dexter Morgan did.

The abuse of online social networking sites was a huge tool in the crime committed by Twitchell, but it does not warrant the title of cybercrime nor can it be understood as cybercrime. The internet was incidental to the crime or could be seen and understood as an accessory to murder. Twitchell’s messages, status updates, and fake online accounts are purely fraudulent operating and freedom of speech. None of what Twitchell says to Altinger online states any life threatening details, just merely him luring Altinger to a meeting point using a fraudulent account. There is a lack of motive in the messages between Altinger and Twitchell which leaves it as merely evidence that Twitchell planned and plotted these attacks. The closest thing to cybercrime that Twitchell committed was the exaggerated details and information he gave to investors in order to get money from them. According to McCromick and Siegel (2012)“Cybertheft schemes ranges from illegal copying of copyrighted material to using technology to commit traditional theft-based offences such as larency and theft.” (pg. 496-497) But that alone does not even qualify as cybercrime because Twitchell was scamming them with truthful intent in his mind, as well as the fact that it was a willing transaction with no contract agreement. One could try to argue that Twitchell lured Altinger into a place with the intention of murdering.  McCormick and Siegel touch lightly on something similar to what Twitchell was doing,

“Cyberstalking refers to the use of the internet, email, or other electronic communication devices to stalk another person. Some stalkers pursue minors through online chat rooms, establish relationships with them, and later make contact for the purpose of engaging in criminal sexual activities.”  (pg.55-56)

Twitchell was technically stalking Altinger but not in an uncomfortable and noticeable way for Altinger. Therefore the reason Twitchell’s crime was not of the cyber nature is because he did not stalk Altinger, or rob anyone, he was pretending to be someone he was not to someone who he murdered and cybercrime tends to be outweighed by a murder charge, not to mention it was hard for them to tangibly trace the conversations between Twitchell and Altinger as well as find out if Twitchell really did access Altinger’s accounts. Twitchell seemed to have lured Altinger into a vulnerable position but took part in something worse than cyberstalking and fraud, however there lacks connection of between the internet and the act itself, to say what Twitchell did is a cybercrime is like saying if it was all done over the phone using a voice changer device, than it would be a telephone crime; there is no such thing because it was merely a tool, a means of conspiring.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

 

Hucker S. (2011). Criminal Responsibility. Retrieved from: www.forenscipsychiatry.ca

 

Lillebuen S. (2012). The Devil’s Cinema. Toronto, ON: MeClelland & Stewart Ltd.

 

McCormick , C. & Siegel  L.  (2012) Criminology in Canada, 5th ed. Toronto, ON: Nelson Education Ltd.

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