Anders Behring Breivik found to be sane and fit to stand trial

[Bad Lieutenant]

A second psychiatric evaluation of Norwegian mass killer Anders Behring Breivik has found him sane enough to face trial and a jail term.

The findings contradict a previous evaluation, published in November, that found him legally insane.

Breivik is due to stand trial on Monday over a bomb attack and shooting spree last July that killed 77 people.

http://www.bbc.co.uk/news/world-europe-17663958


"Jail term" must surely mean forever...normal legal proceedings seem inappropriate, given the nature of the crime. He shouldn't be afforded the platform and respect of a court hearing. But then again he shouldn't be treated as being "special" either.

 

[AdMan]

This was a surprise when I heard about it. Clearly, Breivik is delusional, but I guess the question is whether he is sane enough to understand his actions (which it looks like he is) and stand trial.

Even if he is sentenced to a limited amount of jail time, as noted in the article there are provisions in Norway for keeping dangerous criminals behind bars for longer--in essence a life sentence.

 

[Safe-Keeper]

This report is of course as prone to error as the first, and according to the media it will ultimately be up to the courts to make the final decision.

Either way, I believe it's a pretty safe bet he will never, ever be released. The rest of us will travel, make love and live our lives while he rots behind bars until he passes away. Hopefully at one point he will "come to" and realize the horrors of his actions.

 

[Ryokan]

"Jail term" must surely mean forever...normal legal proceedings seem inappropriate, given the nature of the crime. He shouldn't be afforded the platform and respect of a court hearing. But then again he shouldn't be treated as being "special" either.

On paper, it won't be forever. Whether he will serve a de facto life sentence or not remains to be seen.

Normal legal proceedings do seem appropriate, as we're still a nation of laws.

 

[Travis]

This report is of course as prone to error as the first, and according to the media it will ultimately be up to the courts to make the final decision.

Either way, I believe it's a pretty safe bet he will never, ever be released. The rest of us will travel, make love and live our lives while he rots behind bars until he passes away. Hopefully at one point he will "come to" and realize the horrors of his actions.

I'm not holding out too much hope for that.

 

[Safe-Keeper]

He's now calling for all sorts of loons to be witnesses for him in the trial, from a former head of the anti-immigrant progressive party to a Nazi blogger and a deranged mullah. His objective is to convince the court and country that his actions were justified and that Norway is indeed in grave peril from evil immigrants.

It will be a nuthouse without paralell, in which the mass media is sure to relish. I'm thinking of moving to another country or hiding under a rock until it's over.

 

[Marduk]

The judicial system of Sweden, Denmark and Norway is unusual in that it has no provisions for insanity defense (The insanity defense was abolished in Sweden in 1965). Instead, courts can sentence mentally ill defendants to involuntary commitment

http://en.wikipedia.org/wiki/Insanity_defense#Scandinavia

 

[Ryokan]

http://en.wikipedia.org/wiki/Insanity_defense#Scandinavia

There's no insanity defense in court, no. But the accused is observed by medical personnel before the trial, and they decide whether the accused can be held responsible for his actions or not.

At first, Breivik was found criminally insane and couldn't be punished under the Norwegian legal system. Their findings were challenged, and has now been overturned. Breivik is not insane, so he is responsible for his actions and thus fit for trial.

For now.

 

[marplots]

I'd like to hear what he has to say in court.

 

[Ryokan]

I'd like to hear what he has to say in court.

You will. Once the trial starts, I'm guessing there will be a media frenzy and that every little detail of what is said in court will be scrutinized.

From the list of witnesses the defence wants to use, it's obvious that Breivik's defence will be that Muslims really are trying to take over the world, with help from the political left, so his actions were necessary and justified.

 

[Skepticemea]

You will. Once the trial starts, I'm guessing there will be a media frenzy and that every little detail of what is said in court will be scrutinized.

From the list of witnesses the defence wants to use, it's obvious that Breivik's defence will be that Muslims really are trying to take over the world, with help from the political left, so his actions were necessary and justified.

The argument being that killing schoolkids is necessary to combat Islamic domination?

 

[Ryokan]

The argument being that killing schoolkids is necessary to combat Islamic domination?

Yes. As enablers, they were just as guilty, if not more, than the Islamic invaders themselves. Comparable to nazi collaborators in WW2.

 

[Jekyll's Guest]

http://www.bbc.co.uk/news/world-europe-17663958


"Jail term" must surely mean forever...normal legal proceedings seem inappropriate, given the nature of the crime. He shouldn't be afforded the platform and respect of a court hearing. But then again he shouldn't be treated as being "special" either.

You have some scary ideas about due process.

 

[timhau]

From the list of witnesses the defence wants to use, it's obvious that Breivik's defence will be that Muslims really are trying to take over the world, with help from the political left, so his actions were necessary and justified.

Can the presiding judge say no to that? He's not contesting his guilt there, and I assume Norway is like the rest of the Nordic countries in that self-defense only applies in cases where your own life is in imminent danger. Therefore, it should have absolutely zero legal relevance.

 

[Skepticemea]

Yes. As enablers, they were just as guilty, if not more, than the Islamic invaders themselves. Comparable to nazi collaborators in WW2.

Get 'em whilst they're young, eh?

 

[Safe-Keeper]

"Jail term" must surely mean forever...normal legal proceedings seem inappropriate, given the nature of the crime. He shouldn't be afforded the platform and respect of a court hearing.

Free country.

Can the presiding judge say no to that? He's not contesting his guilt there, and I assume Norway is like the rest of the Nordic countries in that self-defense only applies in cases where your own life is in imminent danger. Therefore, it should have absolutely zero legal relevance.

He seems to live in his own little fantasy world where this is how courts of law are tackled. Apparently he is within his rights to do this, yes.

 

[to.by]

Two points:
First I think Breivik himself thinks of himself as sane an thus sees the second report on his sanity as a kind of confirmation that his actions were rational.
Secondly I don't think that these actions defies any attempt to place them in a sane - insane spectrum.

 

[Ryokan]

Can the presiding judge say no to that? He's not contesting his guilt there, and I assume Norway is like the rest of the Nordic countries in that self-defense only applies in cases where your own life is in imminent danger. Therefore, it should have absolutely zero legal relevance.

It's his defence. He can conduct it as he sees fit.

 

[Bad Lieutenant]

You have some scary ideas about due process.

If he were (currently, officially) considered insane then those "scary ideas about due process" would be a reality, except you wouldn't mind, because he had been judged insane. The definition of insanity varies so widely it's basically subjective a lot of the time, so who's to say Breivik should be granted an extension to his limelight mad hatters tea party?

 

[to.by]

Two points:
....Secondly I think that these actions defies any attempt to place them in a sane - insane spectrum.

Edited apil 12th