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Norway Attacks: The Truth About the 21 Year Sentencing Limit

Posted: 25/07/11 18:01 BST

The shocking events in Norway this weekend have drawn the attention of the world to a country that one could surmise is unprepared for such brutality.

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.

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.

Given that 32 year old Anders Behring Breivik has committed the most heinous crimes in Norway since the end of the Second World War, motivated by hatred and executed with shocking inhumanity and disregard for human life, it is highly unlikely that he will ever be considered safe for release. Added to which, the political pressure to punish him as severely as possible will most likely result in his sentence being extended far beyond even the extremely rare 21 year sentencing guideline. Very few prisoners in Norway serve more than 14 years. Serial killing nurse, Arnfinn Nesset, served 23 years for the murder of 22 patients and was released in 2004.

Norway has legislation in place to deal with men such as Breivik and should be left to do so without lurid and inaccurate speculation by foreign media on letting him "get off Scott free" or any of the other tabloid hyperbole synonymous with liberal sentencing policies.

 

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10:12 PM on 08/30/2011
Really? The United States has no room to pass judgement on anyone. We need to fix our own problems before we even contemplate telling someone else how to do it.
HUFFPOST SUPER USER
bluecatb
FORWARD, the ONLY way to go America!
01:40 PM on 08/18/2011
The answer is to remove them from the public, where they are among their own peers.
Prison
Environmental
Recreational
Volunteer
Exile
Rehabilitation
Tenements
Instead
Sentencing
Lawbreakers
And
Nut Cases to
Death

PERVERT ISLAND

Now, what do WE the people do about these white collar criminals?
http://www.youtube.com/watch?v=GrpNBPTm6G0

And
these incestuous bush plants still in power
http://blog.alexanderhiggins.com/2011/08/17/sec-whistleblower-feds-destroyed-evidence-thousands-wall-streets-worst-crimes-60321

Do they qualify for the swift justice Americans deserve?

Inquiring minds seeking the truth and have found out, now where's our media, when it is dropped in their laps?
Where is 'true journalism of the people?"
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HUFFPOST SUPER USER
reasonshouldrule
11:48 PM on 07/26/2011
Very interesting article! And of course, it goes without saying, that Norway will decide how to deal with this killer, and it's not our business to judge.

Still, I wonder about the serial killer nurse who is now free. She served just over a year per victim. Is she considered rehabilitated? If a loved one of mine were one of her victims, I don't think I would be so sanguine about her freedom.
11:15 AM on 07/26/2011
An excellent article spoilt only by that dreadful American cliche in the title, "The Truth About...".
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HUFFPOST BLOGGER
Sam Butler
04:09 PM on 07/26/2011
Yes, I suppose it is a bit of a touchy-feely Americanism. Thanks for the critique!
HUFFPOST SUPER USER
firstcougar1
Not what you think . . .
11:23 PM on 07/25/2011
Glad to have this clarified since I was pretty sure there had to be exceptions to deal with something as horrific as this act.

Thoughts and prayers to the entire nation as they mourn this tragic assault on their nation.
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10:23 PM on 07/25/2011
Sam,
i agree with you, particularly with regard to your call for an end to speculation on a situation that Norway appears to have under control. Such speculation is disrespectful. Lets us hope for reportage, not interference.
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HUFFPOST BLOGGER
Sam Butler
11:22 PM on 07/25/2011
Thanks, it's less about respect and more about accuracy in journalism; particularly crime journalism. I've seen the same disingenuous claim repeated in umpteen different articles and posts. Although it isn't necessarily untrue, to not explain Norwegian sentencing policy in full is misleading.
HUFFPOST SUPER USER
firstcougar1
Not what you think . . .
11:25 PM on 07/25/2011
Sadly too much of the media around the world has fallen into the Fox hole. I do appreciate the BBC being available here in the US.

fanned
09:03 PM on 07/26/2011
yeah. its totally impartial, unless your English