Anders Breivik Faces Sentence of 3 Months Per Murder

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Not Quite "Death and Taxes"

Not Quite "Death and Taxes"

The founders of a new colony, whatever Utopia of human virtue and happiness they might originally project, have invariably recognised it among their earliest practical necessities to allot a portion of the virgin soil as a cemetery, and another portion as the site of a prison.

 
And it's likewise plain that those very same ranters are pointedly disinterested in such clarity. It's not an accident that they're speaking from ignorance - they've made a point of refusing to learn anything more than the most superficial aspects, since that gets in the way of the rants and self-righteousness.
Possibly. But I do think that a lot of what we're seeing is an initial shock and misunderstanding. There are obviously those who will carry on regardless, of course.

That's silly, I think.

But, as I noted above, it's the sort of assertion that raises certain questions about the theology of a person who makes it.

And I think it's disgusting that you think a person who guns down 77 people without remorse is redeemable. And yes, it certainly does raise questions about the kind of person you are.

No, it can't. It is, by definition, an eschewal of exactly that.

Incorrect. Most people do not commit crimes of this variety. Drawing the line somewhere does not mean you have to abandon correction and rehabilitation in the rest of the population. It just means that you recognize that some people are not worthy of such efforts.

It may not be "wrong," but it is certainly incompatible with keeping "correction" and "rehabilitation" as the primary goals of incarceration. If you're going to throw those out the window whenever you encounter a challenging case, in what sense can they be said to be "primary?"

Not at all. Who says there must be an all-or-nothing approach? Are you not intellectually flexible enough to have both correction and rehabilitation aims for the parts of the population who might benefit from it, while using the system for retribution for those whose crimes are too abhorrent to deserve a second chance?
 
Personally I just want to know what crystal ball some are using to know that he will only get 21 years.

Well since that's been widely reported

"it must be clear in the charge sheet that the prosecution reserves the right, during the trial, to request a prison punishment or containment lasting 21 years, based on the complete evidence shown to the court."

http://www.bbc.co.uk/news/world-europe-17286154

Now it's possible that the news we are getting isn't complete, but it's not based on anyone's crystal ball.

As to being found guilty, he admits doing it (the bombing and the massacre) and I don't think anyone believes his "self defense" claim will hold up.

Bells said:
His trial has only just begun. Seeing that the prosecutors have decided to charge him with murder and not a terrorist act, they may very well be pushing for an indefinite incarceration, which would entail the State deciding if and when he is to be released after rehabilitation.. In other words, he would face rehabilitation and if he is not rehabilitated and still deemed a risk to society, he could very well find himself incarcerated for the rest of his life.

That seems to be in dispute.

According to the BBC:
If Mr Breivik is found guilty as charged of terrorism, the prosecution will have forfeited its right to ask for preventative detention, and he would walk free at 53.

See, not crystal ball.

Bells said:
The trial could very well find him insane, whereby he would be sent to a mental institution instead of a prison.

But that is not looking very likely

http://www.guardian.co.uk/world/2012/apr/10/norway-massacre-suspect-not-insane

Bells said:
What many in this thread are missing, is that Norway has had great success with their rehabilitation programs in prison. So it might behoove them to trust them to do the right thing by themselves.

Well they do have 20% recividism.

Do you really want to take a 20% chance with someone who says he would do it again, and even kill more if he could?
 
Well since that's been widely reported

"it must be clear in the charge sheet that the prosecution reserves the right, during the trial, to request a prison punishment or containment lasting 21 years, based on the complete evidence shown to the court."

http://www.bbc.co.uk/news/world-europe-17286154

Now it's possible that the news we are getting isn't complete, but it's not based on anyone's crystal ball.

As to being found guilty, he admits doing it (the bombing and the massacre) and I don't think anyone believes his "self defense" claim will hold up.
Norway has a provision where they can keep someone incarcerated for life if that individual could pose a danger to society. He admits to doing it and he said he would do it again given the chance. What chance do you think he will have of being released before he is rehabilitated?

That seems to be in dispute.
Not really.

Given that it is only what? Day 2-3 of his trial, don't you think it is a bit early to be saying what he will get?

See, not crystal ball.
I beg to differ..

If the court decides he is criminally insane, he will be committed to psychiatric care; if he is judged to be mentally stable, he will be jailed if found guilty.

If jailed, he faces a sentence of 21 years which could be extended to keep him behind bars for the rest of his life.

http://www.bbc.co.uk/news/world-europe-17737085

But that is not looking very likely
Refer to the above quote from the BBC...

Rub that ball some more..

Well they do have 20% recividism.

Do you really want to take a 20% chance with someone who says he would do it again, and even kill more if he could?
They recently released a nurse who had killed nearly 2 dozen elderly patients and they released him after he had served 12 years because he had been rehabilitated.

Their system works.

Maybe let the trial get to the end and let them impose their sentence before everyone starts jumping the gun? Or better yet, understand their justice system and understand why it works so well and also realise that it is a clear possibility that he may never be released into the public again and that it is very possible that the court finds him to be insane, whereupon he would be institutionalised. There are quite a few possibilities and jumping the gun now and getting angry that he will get 21 years is a bit silly.
 
Personally I just want to know what crystal ball some are using to know that he will only get 21 years. His trial has only just begun. Seeing that the prosecutors have decided to charge him with murder and not a terrorist act, they may very well be pushing for an indefinite incarceration, which would entail the State deciding if and when he is to be released after rehabilitation.. In other words, he would face rehabilitation and if he is not rehabilitated and still deemed a risk to society, he could very well find himself incarcerated for the rest of his life.

The trial could very well find him insane, whereby he would be sent to a mental institution instead of a prison.

What many in this thread are missing, is that Norway has had great success with their rehabilitation programs in prison. So it might behoove them to trust them to do the right thing by themselves.

Personally speaking, looking at him in this trial, I would be surprised if they found him sane.

Well, it's like this: when his twenty one years are up, he'll remind them that the American press breathlessly said that the max he could serve under Norwegian law was twenty one years. And his jailers will think about it, and reply, "Well, you committed a really, really horrible mass murder, and you've given us no reason to think that you might not try and do another one. But, if that's what they said, well, off you go then!"

No, freedom for me. They said I hadn't done anything, and I was free to go off, and live on an island somewhere.
 
American conservatives are afraid of an insane mass murderer who is in jail in Norway! It must be terrible to live in such fear.
 
Possibly. But I do think that a lot of what we're seeing is an initial shock and misunderstanding.

I've seen this exact same pattern way too many times from these same ranters to make any such naive presumptions. And again, note that I already challenged certain of them to learn and address the history and reasoning behind the Norwegian jurisprudence in question - did you notice the response I got?

And I think it's disgusting that you think a person who guns down 77 people without remorse is redeemable.

Every human being is redeemable. It's an inherent property of being human. If you're saying that someone is iredeemable, then you're saying that he is somehow subhuman.

That isn't the same thing as saying that he could ever, say, make true reparations for his crimes. But that's a different story.

And yes, it certainly does raise questions about the kind of person you are.

None of the answers make me uncomfortable.

I can't say the same about people who are in such a rush to declare some guy they've never met an irredeemable monster who must be disposed of.

Incorrect. Most people do not commit crimes of this variety.

Most people never commit prison-worthy crimes at all. The prison system isn't for dealing with "most people," it's for dealing with people who commit major crimes worthy of prolonged imprisonment.

Drawing the line somewhere does not mean you have to abandon correction and rehabilitation in the rest of the population. It just means that you recognize that some people are not worthy of such efforts.

And that means that rehabilitation and correction have ceased to be the "primary focus" of your system. They've been demoted to an ancillary consideration, applied only to people whose crimes are "not too bad." The really serious offenders, for whom things like life-sentences are a consideration, are apparently to be exempted from such considerations entirely.

Not at all. Who says there must be an all-or-nothing approach?

Nobody. What I said was that a "primary consideration" necessarily needs to apply to the type cases that the system is designed to deal with. If it's only used for easy cases, then it necessarily is not "primary."

If you'd like to re-word your earlier statement down to exclude the "primary" qualifier, then we'll likely have no dispute here.

Are you not intellectually flexible enough to have both correction and rehabilitation aims for the parts of the population who might benefit from it, while using the system for retribution for those whose crimes are too abhorrent to deserve a second chance?

Of course not. But nor am I intellectually flexible enough to twist the definition of "primary" into something with an exception the size of all capital crimes. Every prisoner is subject to retribution in your system, and only a subset are subject to rehabilitation - that means that retribution is the primary factor, and rehabilitation is a secondary one.

And that's without getting into the practical objections that you've offered no realistic way for your system to discriminate between the redeemable and the irredeemable, which is to say that it invites exactly the primarily-retributive system we currently have (i.e., everyone who commits a serious enough crime to even warrant an actual prison sentence is largely written off as a lost cause).
 
American conservatives are afraid of an insane mass murderer who is in jail in Norway! It must be terrible to live in such fear.

Not only that, they're pre-emptively afraid of what he might do in the hypothetical circumstance that 21 years pass and Norway decides that he's safe to release.
 
Well they do have 20% recividism.

You seem unaware that a 20% recidivism rate is much lower than is the norm in the USA. Even the states with the lowest recidivism rates start at around 25%. Other states exhibit rates well above 50%.
 
Norway has a provision where they can keep someone incarcerated for life if that individual could pose a danger to society. He admits to doing it and he said he would do it again given the chance. What chance do you think he will have of being released before he is rehabilitated?

I don't know Bells, how many Mass Murderers in Norway have served more than 21 years?

BBC said:
The courts can also agree to so-called preventative detention, which allows for reviews of a sentence every five years - a system which in theory could mean life imprisonment. So far this has never happened.

Answer NONE.


Bells said:
Given that it is only what? Day 2-3 of his trial, don't you think it is a bit early to be saying what he will get?

No, not when the reports we keep reading say the 21 years will be the max.

Guardian said:
The conclusion comes six days before Breivik is scheduled to go on trial on terror charges for the massacre on 22 July 2011. Though not definitive, it suggests he could serve the maximum penalty of 21 years in prison rather than being detained indefinitely in a secure psychiatric institution.

http://www.guardian.co.uk/world/2012/apr/10/norway-massacre-suspect-not-insane

Bells said:
I beg to differ..

Refer to the above quote from the BBC...

Rub that ball some more..

I said there are conflicting reports, but more of them seem to say that 21 years is the max

BBC said:
He is charged with acts of terrorism, which carry a maximum sentence of 21 years, and has admitted being behind the Oslo bomb blast and Utoeya shooting spree which killed at least 76 people.

If found guilty of these charges at 32 years of age, he would be a free man at 53.

http://www.bbc.co.uk/news/world-europe-14311157
 
You seem unaware that a 20% recidivism rate is much lower than is the norm in the USA. Even the states with the lowest recidivism rates start at around 25%. Other states exhibit rates well above 50%.


Yup.
So?

Letting out a mass murderer after 21 years is still not a good plan when there is a 1 in 5 chance he will revert back to his old self.

Consider the 77 lives of the people he took, the hundreds he injured, the families he destroyed, the long term damage he did to people's sense of safety and security in everyday affairs and knowing he's done it once, and feels NO REMORSE about it, would you willingly let him out of custody and risk this happening again?
 
I don't know Bells, how many Mass Murderers in Norway have served more than 21 years?

The last one was successfully rehabilitated and released after 12 years.

Your system differs from theirs. Theirs is about rehabilitation while yours is about throwing them into over-crowded prisons and either killing them or leaving them there with no rehabilitation - ie, theirs works, yours and the system in my own country, does not. Personally, I'd rather their system where they actually try to fix the problem instead of just compounding it with over flowing prison systems.

Answer NONE.
Which tells me their system of intensive rehabilitation works.

It also tells me they have never had a crime of this scale grace their shores and that this is new territory for them. Which says a lot about their society as compared to yours.

No, not when the reports we keep reading say the 21 years will be the max.
Why does it matter to you how they treat their prisoners and what their criminal justice system actually does to help rehabilitate their criminal offenders?

Reports say 21 years but they also clearly state that he could very well be found to be insane by the court or he may be jailed indefinitely if he is not rehabilitated by the time his 21 years is up.

Stop being such a sensationalist.

I said there are conflicting reports, but more of them seem to say that 21 years is the max
And I provided links which counted yours.

So you can either accept Norway's rights to correctly trial Breivik according to their very good legal system or you can try to impose US beliefs on a country that is very different to your own. Just keep reminding yourself. They are not like you or your system..
 
You know bells I find it fascinating that when I argued for treatment rather than throwing away the key you riduled the idea yet here you are lauding the same principle
 
The last one was successfully rehabilitated and released after 12 years.

How so?
He was a nurse killing his elderly patients.
I bet he doesn't work with patients today.
Wanna bet?

Your system differs from theirs. Theirs is about rehabilitation while yours is about throwing them into over-crowded prisons and either killing them or leaving them there with no rehabilitation - ie, theirs works, yours and the system in my own country, does not. Personally, I'd rather their system where they actually try to fix the problem instead of just compounding it with over flowing prison systems.

We actually have a lot of rehabiitation as well Bells.
But I'm not comparing our system to theirs because that's not the issue, is it?


Which tells me their system of intensive rehabilitation works.

Sure, but not all the time.
It's one thing to let out someone who was robbing banks, it's a bit different when they set off bombs in public places and massacre innocent people because of their color.


It also tells me they have never had a crime of this scale grace their shores and that this is new territory for them. Which says a lot about their society as compared to yours.

Again, totally irrelevant.
Why can't you stick to the actual issues Bells, thought that was a BIGGY to you?

Bells said:
Why does it matter to you how they treat their prisoners and what their criminal justice system actually does to help rehabilitate their criminal offenders?

Really Bells?

Asguard said:
Surly that is a decision for the norwegians not some yank
:spank:
 
How do yakusa members transit through such a system?
Great question! I don't know. I imagine if they came out and didn't rejoin their group, they themselves would be killed. So, with that in mind, they probably rejoin their group.

A friend of mine whose father is very rich, but he owes the Yakuza money, well, he missed some payments and they burned his house down - with his grandmother in it. The twerp that burned the house down, I think got in trouble. He said he didn't know anyone was home.
 
I've seen this exact same pattern way too many times from these same ranters to make any such naive presumptions. And again, note that I already challenged certain of them to learn and address the history and reasoning behind the Norwegian jurisprudence in question - did you notice the response I got?

I'll have to go through it again, but I'm assuming you're talking about no more than one or two people.

Every human being is redeemable. It's an inherent property of being human. If you're saying that someone is iredeemable, then you're saying that he is somehow subhuman.

Not at all. The only way your theory holds is if we are all cut from the same cloth, and aside from the insulting and ridiculous implication that we are therefore all capable of doing what Anders did, there is evidence that psychopaths and sociopaths suffer from physical deficiencies in the brain, which indicates that we are not all the same, and therefore saying that someone is irredeemable is not at all saying that someone is subhuman.

And at any rate, I'm not simply saying that it's impossible for one to redeem themselves from such an act, but also that they shouldn't ever have a chance to. Some acts simply need to be punished, and some types of people need to be eliminated when they do these acts. Whether that's life imprisonment or the death penalty, a person capable of such an act is not one who should be among the general public.

That isn't the same thing as saying that he could ever, say, make true reparations for his crimes. But that's a different story.

Then what would be Anders' redemption, exactly? And I don't want to hear "he'll never kill again," because that isn't good enough when he's already snuffed out 77 people.

None of the answers make me uncomfortable.

Which is precisely what troubles me. Your answers should appall you.

I can't say the same about people who are in such a rush to declare some guy they've never met an irredeemable monster who must be disposed of.

I'm sorry, do I need to have met a man who gleefully murdered 77 innocent people (all while filming his exploits for posterity, of course) to know that he's a monster? Since when aren't a man's acts and motives enough?

Your suggestion is that, in spite of his actions, meeting him could potentially change my mind about him. So, what, if he turns out to be charming and witty and clever, then he's not a monster? You value someone's social aptitude over their actions? What the hell does that say about you?

Most people never commit prison-worthy crimes at all. The prison system isn't for dealing with "most people," it's for dealing with people who commit major crimes worthy of prolonged imprisonment.

That's a subjective statement, and one I'd personally disagree with. Not all laws are just, nor are all sentences, primarily the egregious mandatory sentences attached to many nonviolent crimes. There are something like a million nonviolent offenders currently incarcerated in US prisons. Now, that's not to say they're good people, but certainly one can draw a general distinction between nonviolent offenders and, say, a mass-murderer.

And that means that rehabilitation and correction have ceased to be the "primary focus" of your system. They've been demoted to an ancillary consideration, applied only to people whose crimes are "not too bad." The really serious offenders, for whom things like life-sentences are a consideration, are apparently to be exempted from such considerations entirely.

You're misrepresenting my position. The number of offenders on a par with Anders Breivik is low, therefore rehabilitation and correction would be the goal for most of the prison population. But for some--people who commit truly atrocious crimes--there would be no such program.

Also, it does not follow that the program most prisoners would be enrolled in is somehow "ancillary" while the program the minority of prisoners are enrolled in is somehow "primary."


Nobody. What I said was that a "primary consideration" necessarily needs to apply to the type cases that the system is designed to deal with. If it's only used for easy cases, then it necessarily is not "primary."

Again, you have to misrepresent my point to make yours. You have it backwards, as the only easy cases are the ones with people like Anders Breivik at the center, and those are the ones that would be exempt. The rest of the prisoners--a wide variety of criminals--would be enrolled in the program.

If you'd like to re-word your earlier statement down to exclude the "primary" qualifier, then we'll likely have no dispute here.

We have plenty of disputes here, not simply your incorrect understanding of the concept of primacy.

Of course not. But nor am I intellectually flexible enough to twist the definition of "primary" into something with an exception the size of all capital crimes. Every prisoner is subject to retribution in your system, and only a subset are subject to rehabilitation - that means that retribution is the primary factor, and rehabilitation is a secondary one.

I did not say all capital crimes. Not all murders are irredeemable.

And that's without getting into the practical objections that you've offered no realistic way for your system to discriminate between the redeemable and the irredeemable, which is to say that it invites exactly the primarily-retributive system we currently have (i.e., everyone who commits a serious enough crime to even warrant an actual prison sentence is largely written off as a lost cause).[/QUOTE]

Another gross misrepresentation of my position, as well as a gross misunderstanding of what qualifies people for prison terms. Did you realize that 63% of State prisoners are in for drug-related crimes? No, clearly you didn't, because your assumption here is that most people in prison would fall into the capital offense category.
 
Well, American conservatives aren't going to sit still for being deprived of their schadenfreude, even if it's all taking place in another country, and is none of our business. Taking pleasure in the suffering of others is the sole reason for a retributive system of justice; everything else is just nonsense to try and justify it.

“[T]he infliction of cruelty with a good conscience is a delight to moralists. That is why they invented Hell.” - Bertrand Russell
 
Notes Around

Bells said:

Stop being such a sensationalist.

Sensationalist?

A kinder word, madam, than I would have chosen.

• • •​

Repo Man said:

American conservatives are afraid of an insane mass murderer who is in jail in Norway! It must be terrible to live in such fear.

Well, guns are a popular cause among American conservatives.

• • •​

Adoucette said:

Answer NONE.

How many of these violent events has Norway suffered in its modern era?

Peter Westerstrom, convicted of killing four, lost his head, but that was 1809. Moving to a more modern period, Fredrik Torgersen killed one and served sixteen years. To this day, the seventy-four year-old convict claims innocence; the Norwegian government, after repeatedly denying appeals, agreed to review the conviction in 2010—after 279 scientists and other experts petitioned the Ministry of Justice with their concerns about the science of Torgersen's conviction. In 1978, Fritz Yoen was convicted of two murders and sentenced to twenty years. In 2004, his conviction was reversed in one of the cases and, two years later, Yoen's second conviction was posthumously overturned. In 1983, Arnfinn Nesset received a twenty-one year prison sentence after admitting to twenty-two murders; authorities suspect the toll may be well over a hundred. He served his sentence and was released in 2004; apparently, he has been allowed to resettle with a new identity, and has not committed any serious crimes since his return to society. Bård Eithun served nine years and four months of a fourteen year term for a 1992 killing; he has returned to his musical career and, apparently is conducting himself well enough. Varg Vikernes stabbed a bandmate to death in 1993 and received a twenty-one year sentence. The former far-right activist, released in 2009, still hates Jews, and seems to think that Breivik wasn't hard enough on them in his manifesto. Perhaps he's still an asshole, but Vikernes has apparently conducted himself well enough over the past two and a half years to keep himself out of prison. Apparent serial killer Sture Bergwall, a.k.a. Thomas Quick, is alleged to have killed between eight and fifteen juveniles over a thirty-two year period; arrested in 1996, Bergwall was sentenced to closed psychiatric confinement, and most likely will not be returning to civilized society for the rest of his life.

That's what I've dug up so far. These are hardly the whole of Norway's history considering murder, but the country has the second-lowest murder rate in the world. The U.S. rate per 100,000 is seven times higher. As Bells suggested, Norway appears to "have never had a crime of this scale grace their shores and that this is new territory for them".

If nobody receiving the max sentence has been remanded for life, it might well be that they've never actually had to do it before.
 
How so?
He was a nurse killing his elderly patients.
I bet he doesn't work with patients today.
Wanna bet?

I do not know if he is working as a nurse again.

The fact is, however, after 12 years of rehabilitation, his sentence was cut and he was released.. because he had been rehabilitated.

We actually have a lot of rehabiitation as well Bells.
But I'm not comparing our system to theirs because that's not the issue, is it?
Compared to Norway? No, you do not.

Norway has, according to a 2010 report by Eurostat, one of the lowest murder rates in continental Europe; an incarceration rate lower than all but a handful of other countries (most of them in Scandinavia) and an actual prison population of 3,420, spread across 50 facilities in a population just shy of five million people. According to a report by the Howard League, Roughly 20% of this number are pretrial detainees.

[Source]

Sure, but not all the time.
It's one thing to let out someone who was robbing banks, it's a bit different when they set off bombs in public places and massacre innocent people because of their color.
And they have provisions in their legal system which allows them to deal with the rare instances that a person cannot be rehabilitated. Norway, unlike many other countries, prides itself on respecting the human rights of even the worst of the worst and having an open and fair system of justice which would ensure his human rights prevail and that he is rehabilitated is at the heart of the the matter here.


It is easy to understand why, in a country as seemingly idyllic as Norway, sentencing provisions do not exist to deal with, to coin a popular phrase, ‘the worst of the worst’. Or do they? By now almost everyone has read or heard about the apparent limit of 21 years on prison sentences in Norwegian law. This is not strictly true.

Granted, Norwegian sentencing policy, as of 2002, states that the maximum determinate sentence that can be given is 21 years. However there is a provision for an indeterminate sentence, also initially limited at 21 years and with parole eligibility after a mandatory 10 years confinement. In addition to this, the parole board can decide that the prisoner is a continuing danger to society and extend the inmate’s sentence by five years at a time. This could theoretically result in a whole life sentence if the prisoner was never deemed safe for release.



[Source]


Again, totally irrelevant.
Why can't you stick to the actual issues Bells, thought that was a BIGGY to you?
We are discussing the actual issue.

The issue here is that you seem to be arguing that Norway does not have provisions in place which could result in Breivik remaining in prison for the rest of his natural life if he is not rehabilitated and if he is deemed to pose a risk to the public if released.. that is if the court does not deem him insane. The actual reality is they do have all of this in place.

So why are you trying to apply your American beliefs onto theirs?

Really Bells?
What?

Why do you think Norway's legal system is inadequate?

What would be more adequate for Norway than for them to determine, by the rules of their laws and their constitution, how to conduct their criminal justice system?

Their system works. Very well. It is a model that all countries should be following.
 
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