A verdict of "not guilty by reason of insanity" generally leads to being committed to a secure mental facility, as opposed to prison. It may not make much difference to the general public, who just want the guy off the streets, but it makes an enormous difference to the accused.
Essentially you want to give the state power to lock people up without a trial when it suits them. And you're going to trust them to decide when it's OK to do that and when it isn't. I'd like you to think long and hard about the implications of that.
It's both. The court will listen to expert evidence from psychiatrists, and make a decision about his sanity on the basis of what it has heard. That's how things work in America too.
Maybe they should, but that wouldn't change anything in Breivik's case. It's a pretty basic tenet of the rule of law that you don't get to retroactively increase the maximum punishment set by law. Whether they want to increase it for cases arising in future is a matter for the Storting.
I don't understand why you think that "they can put anyone away by pretending the person is insane". That's precisely why you have an impartial trial to determine whether or not they are insane.
He did the crimes, he admits it, there is no doubt in anyone's mind whatsoever concerning the fact that he did it, and they aren't going to acquit him like he wants, so the whole procedure just seems like one pointless farce. If I was a relative of one of the victims, I would be furious for being put through months of a trial of a man everyone knows is guilty of the crime.
Essentially you want to give the state power to lock people up without a trial when it suits them. And you're going to trust them to decide when it's OK to do that and when it isn't. I'd like you to think long and hard about the implications of that.
If it is simply a matter of him being sane or insane, surely that would be a job for special psychiatric teams and evaluations and the like, not a large and lengthy public trial?
It's both. The court will listen to expert evidence from psychiatrists, and make a decision about his sanity on the basis of what it has heard. That's how things work in America too.
And in any case, the whole incident just points out that Norway needs to change their 21 year prison limit. Sure they can put anyone away by pretending the person is insane, and in this case certainly will, but where's the integrity? Just change the damn law, and if they feel really uncomfortable locking people up for some long periods, leave a provision saying it can only be done for the most heinous of acts.
Maybe they should, but that wouldn't change anything in Breivik's case. It's a pretty basic tenet of the rule of law that you don't get to retroactively increase the maximum punishment set by law. Whether they want to increase it for cases arising in future is a matter for the Storting.
I don't understand why you think that "they can put anyone away by pretending the person is insane". That's precisely why you have an impartial trial to determine whether or not they are insane.
Vigilantibus non dormientibus jura subveniunt.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
Umm...so is the bizarro world located in Norway?
- 22/06/2012 05:33:25 PM
529 Views
If the prosecution thinks the person is insane, then it should urge for insanity
- 22/06/2012 05:48:19 PM
375 Views
Yes; one of the most peaceful places on Earth was the site of the worst shooting rampage in history.
- 22/06/2012 08:57:34 PM
395 Views
Every time I see it mentioned on the news I wonder about the purpose of it
- 22/06/2012 11:57:17 PM
352 Views
You can't be guilty if you're insane.
- 24/06/2012 10:48:58 AM
417 Views
I'm proud of the way the court system has handled this case
- 23/06/2012 09:18:55 AM
575 Views
Agreed. Norway's response has been a victory for civilisation against terrorism from start to finish
- 23/06/2012 10:03:29 AM
363 Views
It all seems sensible to me, and something for other justice systems to aspire towards.
- 23/06/2012 11:16:02 AM
365 Views