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  1. #1
    has a Senior Member HoreTore's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by Fragony View Post
    From what I gathered your system is pretty much what we call TBS, but TBS here is for people who are criminally insane. When sane it's just adieu, life is life without a chance of parol. But you only get that if you are sane here. If you are not sane and a danger to society you go to the 'longstay', which is basicly also a life-sentence. The 18 years I read somewhere I dindn't do any checks.
    That's simply wrong, frags.

    Our criminal system works like I described above.
    Still maintain that crying on the pitch should warrant a 3 match ban

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    master of the pwniverse Member Fragony's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by HoreTore View Post
    That's simply wrong, frags.

    Our criminal system works like I described above.
    If that is so why bother with sane/ insane in the first place. It's pretty clear that this man should never be released. I get this icky feeling over this if you already have the means to lock him up for good. You just might kill freedom of thought if you do it like this

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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by Fragony View Post
    If that is so why bother with sane/ insane in the first place. It's pretty clear that this man should never be released. I get this icky feeling over this if you already have the means to lock him up for good. You just might kill freedom of thought if you do it like this
    Finding him sane is a much more certain way to lock him up for good.

    Since the viking age(earliest reference I know is Snorre), however, Norwegian law has had the principle that if you wre not aware of your actions, you cannot be sentenced(held accountable) for them. Thus, it was necessary to figure out if he could be sentenced at all, hence the psych report.

    If he is found insane though, it's worth noting that he will NOT be sentenced because of his actions AT ALL. He will then be sentenced to psychiatric care because of his illness, not his action.

    Blame the softhearted vikings, I guess....
    Still maintain that crying on the pitch should warrant a 3 match ban

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    master of the pwniverse Member Fragony's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by HoreTore View Post
    Finding him sane is a much more certain way to lock him up for good.

    Since the viking age(earliest reference I know is Snorre), however, Norwegian law has had the principle that if you wre not aware of your actions, you cannot be sentenced(held accountable) for them. Thus, it was necessary to figure out if he could be sentenced at all, hence the psych report.

    If he is found insane though, it's worth noting that he will NOT be sentenced because of his actions AT ALL. He will then be sentenced to psychiatric care because of his illness, not his action.

    Blame the softhearted vikings, I guess....
    I really admiree the dignity of soft-headed vikings in dealing with this. But I also always consider what something could means to me, and having somewhat of an inpopular opinion about leftist self-percieved truths doesn't exactly sound like a worthwhile proposition for now to me to adhere to ight now.

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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by Fragony View Post
    I really admiree the dignity of soft-headed vikings in dealing with this. But I also always consider what something could means to me, and having somewhat of an inpopular opinion about leftist self-percieved truths doesn't exactly sound like a worthwhile proposition for now to me to adhere to ight now.
    Do you consider a law-tradition dating back to the viking age as "leftist"...?
    Still maintain that crying on the pitch should warrant a 3 match ban

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    master of the pwniverse Member Fragony's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by HoreTore View Post
    Do you consider a law-tradition dating back to the viking age as "leftist"...?
    What I call leftism is the stubborn habit to not recognise reality because reality doesn't always play nice, and that reality won't always comfirm that the world works that way. Leftism is a play in which we all have to act to please the director, a director who lives in a 100% white neighbourhood and puts his kids on a 100% white school

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    The Black Senior Member Papewaio's Avatar
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    Default Re: The trial of Anders Behring Breivik

    So Odin is the director?

    =][=

    It is not left or right thinking. It is not just found in humanitarian circles. Not guilty because of insanity or extra mercy because of inability to understand ones actions is found throughout societies.

    The basis of adult vs child sentencing is based on that premise that children are not fully responsible for their actions.

    End of the day a merciless justice system that skips due process is a far more terrifying thing than a terrorist.
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    Voluntary Suspension Voluntary Suspension Philippus Flavius Homovallumus's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by HoreTore View Post
    Do you consider a law-tradition dating back to the viking age as "leftist"...?
    The concept is present in Anglo-Saxon Law in exactly the same way, we call it Mens Rea, the the "Guilty mind".

    http://en.wikipedia.org/wiki/Mens_rea

    I don't know how the issue is dealt with in Roman Law, you would need to ask a Frenchman.

    In any case, Breivik clearly has a Guilty Mind, so I think the question is moot - the man is clearly sane and rational, declaring him otherwise actually sets a disturbing precedent about who is and is not sane.
    "If it wears trousers generally I don't pay attention."

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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by Fragony View Post
    It isn't that much of a thought experiment that importing people who can't read or write is not good for the economy. Solid numbers, the great burden costs us 8.000.000.000 a year.
    ...And that has what relevance to a discussion of free speech differences between the US and Europe?

    Quote Originally Posted by Philipvs Vallindervs Calicvla View Post
    The concept is present in Anglo-Saxon Law in exactly the same way, we call it Mens Rea, the the "Guilty mind".

    http://en.wikipedia.org/wiki/Mens_rea

    I don't know how the issue is dealt with in Roman Law, you would need to ask a Frenchman.

    In any case, Breivik clearly has a Guilty Mind, so I think the question is moot - the man is clearly sane and rational, declaring him otherwise actually sets a disturbing precedent about who is and is not sane.
    And needless to say, it's handled differently in Norwegian law, hence the need for a trial to determine it.
    Still maintain that crying on the pitch should warrant a 3 match ban

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    Vindicative son of a gun Member Jolt's Avatar
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    Default Re: The trial of Anders Behring Breivik

    Quote Originally Posted by Philipvs Vallindervs Calicvla View Post
    The concept is present in Anglo-Saxon Law in exactly the same way, we call it Mens Rea, the the "Guilty mind".

    http://en.wikipedia.org/wiki/Mens_rea

    I don't know how the issue is dealt with in Roman Law, you would need to ask a Frenchman.

    In any case, Breivik clearly has a Guilty Mind, so I think the question is moot - the man is clearly sane and rational, declaring him otherwise actually sets a disturbing precedent about who is and is not sane.
    It is the same thing. It's called "Dolo" in Portuguese, "Dolus" in Latin. It can be translated to intention. In a simplified manner, if the criminal had Dolus in his action, then he is guilty. Whereas if it was a negligent crime, then there is no Dolus.
    BLARGH!

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