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1 (I Stand By What I Said Whatever It Was)  Wed, Apr 18, 2012 11:28:55am
he claims that he was acting in self-defense

Not actually correct:

8.05am Before the court started, journalists were spoken to by the translators who said that "self-defence" was a misleading translation for the grounds for acquittal Breivik is invoking. A better translation would be "necessity", they said as the clause he's referring to is about defence of property and defence of others, not solely about defence of your own person.

08.28am While we wait for a decision, more on the clarification from the translators regarding Breivik's defence of "necessity" rather than "self-defence". In Norway section 47 of the penal code states:

Quote No person may be punished for any act that he has committed in order to save someone's person or property from an otherwise unavoidable danger when the circumstances justified him in regarding this danger as particularly significant in relation to the damage that might be caused by his act.

[Link: www.telegraph.co.uk...]

2 (I Stand By What I Said Whatever It Was)  Wed, Apr 18, 2012 11:30:45am
If he’s found insane, he’d be locked away for as long as necessary to keep him from being a menace to society.

I don't think the inifinite detention option is predicated upon him being found insane. I think the actual criterion is "danger of repetition".

3 ThomasLite  Wed, Apr 18, 2012 11:56:49am

re: #2 タナシン

ongoing danger to society, actually.
I've heard it said they could keep him locked up because of the danger society poses to him - not sure about that though.

4 (I Stand By What I Said Whatever It Was)  Wed, Apr 18, 2012 12:36:24pm

re: #3 ThomasLite

ongoing danger to society, actually.

The phrase I saw was "danger of repetition" (risiko for gjentakelse or fare for gjentakelse in Norsk), e.g. here: [Link: www.domstol.no...] [Link: www.domstol.no...]

I guess it could be translated as "danger of recidivism".

5 lawhawk  Wed, Apr 18, 2012 1:31:27pm

re: #4 タナシン

Guess that some of the issues are arising from translation issues - and since I've posted, there have been further updates and clarifications. Thanks!

6 Charles Johnson  Wed, Apr 18, 2012 2:09:04pm

Even though I don't believe he's actually insane in a clinical sense, the best thing would be for the court to rule him insane so he can be put away for life. This case really highlights a problem in Norway's criminal justice system, because if ever someone deserved to be locked up for life, it's Breivik. Twenty-one years is not long enough for such a dangerous killer.

7 SanFranciscoZionist  Wed, Apr 18, 2012 3:03:40pm

re: #6 Charles Johnson

Even though I don't believe he's actually insane in a clinical sense, the best thing would be for the court to rule him insane so he can be put away for life. This case really highlights a problem in Norway's criminal justice system, because if ever someone deserved to be locked up for life, it's Breivik. Twenty-one years is not long enough for such a dangerous killer.

He's going to be young enough to kill a hell of a lot more people in twenty-one years.

I can't see them ever letting him go.

8 (I Stand By What I Said Whatever It Was)  Wed, Apr 18, 2012 3:11:35pm

re: #7 SanFranciscoZionist

He's going to be young enough to kill a hell of a lot more people in twenty-one years.

I can't see them ever letting him go.

Yup.

Btw: The concept of infinite detention is currently being challenged in Europe through ECHR decisions: [Link: papers.ssrn.com...] [Link: www.germanlawjournal.com...]

9 ProGunLiberal  Wed, Apr 18, 2012 3:21:59pm

re: #6 Charles Johnson

There is a process for keeping someone in jail past the 21 years.

Forvaring.

The indeterminate penalty, called "containment" (Norwegian: forvaring), is set at 21 years imprisonment, and the prisoner is required to serve at least 10 years before becoming eligible for parole. If the prisoner is still considered dangerous after serving the original sentence, the prisoner can receive up to five years additional containment. If the additional time is served, and the offender is still considered dangerous, a prisoner can continue to receive up to five years additional containment, and this, in theory, could result in actual life imprisonment. "Containment" is used when the prisoner is deemed a danger to society and there is a great chance of committing violent crimes in the future.

It is likely, if found not insane, he will be forvared into oblivion.


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