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Jonte is right about forvaring, but it is so foreign to us media overlooking it is hardly surprising Joel Send a noteboard - 26/08/2012 01:16:17 AM
So he really got life with the possibility of parole? They forgot to mention that in the article I read about it. They they made it sound he would be released after 20 years max.

As I noted in my response to him, my wife works in Norwegian law (though not criminal law,) and we still have not found an English translation after a year of trying. Looking it up on Wikipedia is not much help unless you know Norwegian; Norwegian Wikipedia gives what seems a good summary, but clicking "English" goes to an only tangentially related article on "Preventive Detention." A few months ago it went to an article on involuntary commitment, which is completely different.

Best I can give you is a Google assisted translation of the Norwegian Wikipedia article:

Containment is one of the so-called criminal sanctions introduced in the Norwegian courts in 2001. Offenders that a court considered accountable can be sentenced to containment if there is a real risk that the offender might repeat the crime or is considered a danger to society. Containment is currently the only remedy the Norwegian courts have at their disposal to impose a real life sentence on offenders, because there is no upper limit for such judgment duration.

Penalties

Containment is regarded as punishment and replaced the usual terms of imprisonment for persons who have committed serious crimes and where the risk of recurrence is perceived as great.

Legal

Punishment by containment is pursuant to "Regulations on the implementation of sanctions custody" § 2, which states:
"Containment is implemented to meet society's needs for security against new serious crime from the detention subjects side. Ensuring safe limits, the detention subject is given the opportunity to change their behavior and adapt to a life of freedom."

Containment can only be imposed if the person has committed or attempted to commit a crime that violated society's fundamental rights or others' lives, health or freedom. Examples of such crimes can be murder, violence, sexual offenses and arson. In addition, there must be a real risk that the person will repeat the action he or she is convicted.

Containment cannot be imposed on people perceived to have acted in the heat of passion, but compulsory mental health care may be imposed instead.

Containment replaced the legal term "securing," by amendment on 1 January 2002.

Time frames

In a containment judgement the court shall fix a time frame that generally should not exceed 15 years and may not exceed 21 years. Following a request from the prosecution, the court judgement may nonetheless extend the fixed frame by up to 5 years. Requests for extension instituted by the court must be submitted no later than three months before the expiration of custody. There should also be a minimum period of detention which must not exceed 10 years. Containment is currently the only remedy the Norwegian courts have at their disposal to impose a real life sentence on offenders, because there is no upper limit for such judgment duration.

I can see why switching to English Wikipedia used to re-direct the article to involuntary commitment, because it does sound very similar functionally, with the critical distinction of being a criminal sentence rather than medical confinement. In the above article Google translated "forvaring" as "containment," "detention" and at one point simply "custody," which I altered to simply "containment" in all cases to make clear when the judgement itself was meant. It is just outside our reference frame, but from all I have heard the safe bet is Breivik will end up like Manson: After about a decade prison officials will begin periodic hearings to perfunctorily hear arguments for his release, automatically deny them and leave him to rot in prison for the rest of his life.
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This message last edited by Joel on 26/08/2012 at 01:55:49 AM
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Norway killer Anders Breivik ruled sane, given 21-year prison term - 24/08/2012 11:35:06 AM 1349 Views
Only 21 years? Weaksauce. *NM* - 24/08/2012 02:35:56 PM 265 Views
It can be extended if they think he's still a danger. *NM* - 24/08/2012 03:24:41 PM 254 Views
How do they decide that? - 24/08/2012 04:22:31 PM 507 Views
[Norway, 20 years from now] - 24/08/2012 04:42:45 PM 727 Views
OR - 24/08/2012 04:54:39 PM 580 Views
Pretty sure mine's more futuristically accurate. *NM* - 24/08/2012 05:23:33 PM 270 Views
Naive, my young friend. Very naive. *NM* - 24/08/2012 05:48:16 PM 247 Views
Just because ... - 24/08/2012 09:16:20 PM 573 Views
The term should be [Norwegian psychologist] anyway. - 24/08/2012 05:28:26 PM 568 Views
Is it that simple? - 24/08/2012 05:04:34 PM 675 Views
Actually, in the sentence declared... - 24/08/2012 05:10:44 PM 609 Views
If that's so . . . - 24/08/2012 05:19:51 PM 706 Views
Re: If that's so . . . - 24/08/2012 05:26:58 PM 691 Views
The confusion is based on ignorance. - 24/08/2012 05:59:09 PM 564 Views
Well, obviously, it's in case he reforms - 24/08/2012 08:02:48 PM 537 Views
Yes. *NM* - 24/08/2012 08:35:43 PM 246 Views
That's where the system goes wrong though. - 24/08/2012 08:46:49 PM 568 Views
and then dump the cage in a deep lake *NM* - 24/08/2012 09:23:14 PM 362 Views
that is full of bull and tiger sharks - 25/08/2012 01:13:40 AM 591 Views
There is a point to keep him locked up. Actually, 77 points. - 25/08/2012 06:12:36 PM 600 Views
I agree. - 25/08/2012 06:26:34 PM 617 Views
I don't know if I agree with that. - 25/08/2012 06:53:55 PM 642 Views
Personally ... - 25/08/2012 07:20:03 PM 760 Views
Breivik will always be a threat. - 26/08/2012 01:36:34 AM 614 Views
From what I can tell they do it that way to impose a minimum sentence without parole. - 26/08/2012 01:28:21 AM 704 Views
Yes, very foreign frame of reference. - 26/08/2012 04:36:19 PM 621 Views
The only thing I wish they would add is consecutive sentences. - 26/08/2012 10:26:28 PM 691 Views
really? I hate the media - 24/08/2012 09:22:03 PM 564 Views
Well, media doesn't understand the Norwegian judicial system - 25/08/2012 05:40:15 AM 652 Views
Jonte is right about forvaring, but it is so foreign to us media overlooking it is hardly surprising - 26/08/2012 01:16:17 AM 1833 Views
LOL, my wife and I have nearly given up on an English translation of "forvaring." - 26/08/2012 12:50:19 AM 694 Views
Can you give some version of it? - 26/08/2012 01:38:07 AM 548 Views
Did, in my response to rt. - 26/08/2012 01:55:05 AM 529 Views
I blame having two dozen windows open. - 26/08/2012 02:58:28 PM 631 Views
*feels your pain* - 26/08/2012 08:46:01 PM 476 Views
The harshest punishment the law allows? - 24/08/2012 05:00:26 PM 509 Views
Good. *NM* - 24/08/2012 02:47:21 PM 288 Views
Timothy McVeigh was executed. - 24/08/2012 05:13:49 PM 632 Views
Umm.... - 24/08/2012 05:24:19 PM 689 Views
You have some weird ideas about punishment - 24/08/2012 05:46:49 PM 662 Views
Re: Umm.... - 24/08/2012 05:54:27 PM 563 Views
Re: Umm.... - 24/08/2012 10:04:09 PM 674 Views
Re: Umm.... - 25/08/2012 06:48:02 PM 507 Views
I never did understand the point of this trial - 24/08/2012 06:27:57 PM 694 Views
Mostly for the first reason you stated, and that nossy stated. - 26/08/2012 01:54:11 AM 552 Views
I mostly agree with you. - 24/08/2012 06:48:04 PM 595 Views
What people think. - 25/08/2012 07:03:02 PM 546 Views
hm - 25/08/2012 07:34:05 PM 665 Views
So far, it looks like I am wrong - 25/08/2012 09:28:09 PM 606 Views
I don't know if being a sociopath is the same as being insane. - 25/08/2012 09:30:47 PM 569 Views
Yeah, exactly. That kinda makes it impossible for me to vote. *NM* - 26/08/2012 12:10:38 AM 295 Views
It isn't. - 26/08/2012 09:22:22 AM 541 Views
Me? - 26/08/2012 04:43:05 PM 567 Views

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