ABB was evaluated by psychiatrists and psychologists before and during his
trial. They sought to establish whether ABB could be held _legally
accountable_ in accordance with the Penal Code's §44. There are two
official reports regarding ABB's mental health. The first, authored by the
court psychiatrists Synne Sørheim and Torgeir Husby was delivered to the
Oslo Magistrate Court November 29, 2011 and approved by the
Criminal-Medical Commission on December 20, 2011, concluding that ABB
suffered from paranoid schizophrenia and could not be held legally
accountable for his acts. The second report, written by the psychiatrist
Agnar Aspaas and head medical doctor Terje Tørrissen was delivered to Oslo
Magistrate Court on April 10, 2012 and concluded that ABB had a dissocial
[antisocial?] personality disorder and narcissistic personality disorder,
indicating that he COULD be held legally accountable for his acts. However,
the second report was never approved by the Criminal-Medical Commission.
Other medical experts made claims that ABB should be diagnosed with
Asperger's and/or Tourette's Syndrom(s). Such diagnosi would also have
entailed legal accountability.
During the legal proceedings the prosecution sought involuntary psychiatric
treatment, as only the Sørheim/Husby report existed at that point. National
Prosecutor Tor-Aksel Busch requested that ABB undergo psychiatric treatment
with the option of sentencing him to prison at a later point. On June 21,
2012 the prosecution primarily requested medical [psychiatric] treatment
for 21 years on the grounds that ABB was considered not to be in a
condition where he could be held legally accountable for his acts, due to
the doubt raised by the first psychiatric report. Secondarily the
prosecution requested 21 detention*.
In the verdict dated August 24, 2012 ABB was sentenced to 21 years
detention by a unanimous court. Neither ABB nor the prosecution appealed
the verdict. It was legally binding on September 7, 2012.
The first report has since been questioned on the ground that other experts
have not found signs of psychosis in ABB (this is the deciding moment in
the Penal Code's §44), and neither did most psychiatric experts heard as
witnesses during the trial.
From
https://no.wikipedia.org/wiki/Rettsmedisinske_vurderinger_av_Anders_Behring_Breivik
* detention ("forvaring"), was introduced into Norwegian law in 2001 as a
way to respond in cases where the it IS considered possible to hold the
convict legally accountable for his/her acts, but where the court finds
that there is a significant possibility that the convicted person might
repeat the crime or in some other way expose society to some danger. Today
detention is the only possibility under Norwegian jurisdiction to sentence
someone to actual lifetime imprisonment, as there is no upper limit to the
period of detainment. Generally sentences are given out with a minimum time
to serve as well as a time frame (upper limit); however, the length of the
containment can be prolonged with up to five years at the time before the
expiration of the time frame.
See: https://no.wikipedia.org/wiki/Forvaring
Mvh. / Yours sincerely,
Torgeir Fjeld
https://torgeirfjeld.com/
Download the Introduction to my latest book -- rock philosophy: meditations
on art and desire -- for free from https://bit.ly/2vMGwVs. Get a 24%
discount by using code CFC159723D56 on checkout at the publisher
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*
On Tue, 9 Apr 2019 at 06:33, david ritchie <profdritchie@xxxxxxxxx> wrote:
A can of worms! There is no “legally accountable”; law school is so far
away now but I do remember that much depends on where the incident took
place. See the finish of the third paragraph here:
https://en.wikipedia.org/wiki/M%27Naghten_rules
<https://en.wikipedia.org/wiki/M'Naghten_rules>
David
On Apr 8, 2019, at 7:09 AM, Torgeir Fjeld <t.fjeld1@xxxxxxxxx> wrote:
Dear all,
With reference to the recent discussion about mental illness and serious
criminality, it is clear that in terms of the law what matters is whether
(or not) the accused can be held legally accountable for his/her actions.
Very few of the mentioned conditions would be relevant to such a
consideration.
Mvh. / Yours sincerely,
Torgeir Fjeld
https://torgeirfjeld.com/
Download the Introduction to my latest book -- rock philosophy:
meditations on art and desire -- for free from https://bit.ly/2vMGwVs.
Get a 24% discount by using code CFC159723D56 on checkout at the
publisher *https://vernonpress.com/book/494.
<https://vernonpress.com/book/494>* It is also available from Amazon:
*https://www.amazon.com/Rock-Philosophy-Meditations-Art-Desire/dp/1622734416/
<https://www.amazon.com/Rock-Philosophy-Meditations-Art-Desire/dp/1622734416/>
*
