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arildno
arildno is offline
#3
Mar7-12, 03:00 PM
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Quote Quote by Evo View Post
Is there any likelihood that he could be judged sane?
The Prosecutor's Office has emphasized, rather unusually, that they make an express provision that if the proceedings during the main trial should convince them that Breivik is judicially sane, they may change their recommendation to the court.

Our problem is that in 1981, just 30 years ago, it was expressly denied the courts to regard "life imprisonment" to anything more than 21 years in jail (21 years had then, over a long period, become the courts' STANDARD maximum sentence, the politicians chose to cripple the courts' power to do anything else in the future..(for those wondering about execution in peacetime in Norway, the provision for that was abolished in 1902, the last peacetime execution taking place in the 1870s)).

IF that baneful decision had not been made back then, the situation today, including how the formal charge has been formulated, would have been very different.

From close reading of the conditions for continued deprivation of liberty (either "confinement" after serving judicial punsihment, vs. compulsory mental health care), it seems to me, as a non-jurist, that the best option to ensure that Breivik is NEVER released is to condemn him as.. judicially insane.

Due to that STUPID law regulation in 1981, we have to shenaniganize..