Norway prosecutors ask court to declare mass murderer Breivik insane

Berit Roald/EPA

Confessed mass killer Anders Behring Breivik, right, gives a relaxed smile moments before prosecutors delivered their closing arguments in the Oslo courthouse, Thursday.

Prosecutors asked a Norwegian court on Thursday to declare far-right mass murderer Anders Behring Breivik insane and commit him to a mental institution.

While not certain that Breivik was not responsible for his actions, they chose to give him the benefit of the doubt in the face of conflicting psychiatric reports, and so to go against the view of most Norwegians that he should go to prison.


"In our opinion, it's worse to send a psychotic person to preventive detention than to send a non-psychotic person to mandatory care," prosecutor Svein Holden told the court.

"We are not convinced that Anders Behring Breivik is legally insane, but we are in doubt. So our petition is for a judgment that he shall be transferred to compulsory mental health care,” he added.

Held indefinitely
If the court agrees with the prosecution's request, Breivik could be held indefinitely, receiving treatment in a secure ward set up in a high-security prison. His presence there would come up for review every three years.

If the court opts for a prison term instead, prosecutors said their preference would be the maximum sentence of 21 years. A sentence can be extended beyond that if a prisoner is considered a menace to society, The Associated Press reported.

Norway prison seeks 'friends' to play hockey, chess with mass killer Breivik

Three out of four Norwegians consider Breivik sane enough for a jail term, according to a poll carried out for the public broadcaster NRK. Many find it hard to understand how someone could be insane and yet spend years planning such a spectacular attack so meticulously.

A pre-trial psychiatric report that found him to be insane created such an outcry that the court ordered another one, which came to the opposite conclusion.

Breivik: I'm sane
Breivik admits to killing 77 people in twin attacks last July, most of them teenagers at a Labour Party summer camp.

He says he should be declared sane, but acquitted on grounds that he was defending the Norwegian people by fighting the supporters of Muslim immigration.

If the court finds him to have been insane, he has said that it will be "worse than death", and he will appeal.

Earlier in the trial, Breivik said the psychiatric dimension of the case was a way for Norwegian authorities to ridicule him and divert attention from his ideology.

Tears as victim's brother throws shoe at Norway mass killer Anders Breivik

Breivik claims Norway and Europe are being colonized by Muslims, who make up about 2 percent of Norway's population. 

He first detonated a bomb outside government headquarters in Oslo to create a diversion, then systematically gunned down 69 people, mostly teenagers, at a summer camp run by the ruling Labour Party on the island of Utoeya.

"What is most incomprehensible is how unaffected he was by his acts," prosecutor Inga Bejer Engh said. "He described without remorse or feeling how these young people begged for their lives, and how he shot them in the head to make sure they were dead."

The trial ends with closing defense arguments on Friday. The two professional and three lay judges are due to reach a verdict by August 24.

Reuters and The Associated Press contributed to this report.

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Discuss this post

Lock him up...put a rope, knife, razor blades and plastic bag in there with him!

  • 4 votes
Reply#1 - Thu Jun 21, 2012 11:38 AM EDT

Dude, he doesn't want to die, he wants to kill. Best to rule him crazy like he doesn't want and keep him in the padded cell till he dies.

  • 1 vote
#1.1 - Thu Jun 21, 2012 12:30 PM EDT

If he goes to prison he could potentially be let out. Ill agree with house on this one.

  • 4 votes
#1.2 - Thu Jun 21, 2012 12:44 PM EDT

of course he is nuts; it does not take Sigmund Freud, to figure that he is not sane, he even has no remorse for what he has done.

    #1.3 - Thu Jun 21, 2012 2:34 PM EDT

    Did I misunderstand the article that his prison sentence would be 21 years? Is that per murder count or total because as I read it, it sounded like 21 years for 77 murders.

    • 1 vote
    #1.4 - Thu Jun 21, 2012 3:57 PM EDT

    Under Norwegian law "Planned murder is punished with up to 21 years of imprisonment, regardless of the number of murder victims. Under special circumstances, like a murder of severe cruelty, mass murder, or if there is reason to believe the offender may commit murder again, additional years of imprisonment can be given. This is known as custody. This usually takes place at a court hearing near the end of the sentence." - Wikipedia

    • 1 vote
    #1.5 - Thu Jun 21, 2012 5:17 PM EDT

    You did read correctly. That is the maximum. It doesn't sound like much but it works for that country.

    Personally it sounds more like delusion + a personality disorder than criminal insanity but since a psychiatric ward in a maximum security prison where he will probably be stuck for the rest of his life honestly sounds like a better punishment than prison in this case so I say go for it.

    • 1 vote
    #1.6 - Thu Jun 21, 2012 5:20 PM EDT

    It comes up for review in 21 years. A person deemed a menace to society can be held indefinitely. What do you think this guy is?

      #1.7 - Thu Jun 21, 2012 5:55 PM EDT

      that s right, if he is really insane he will use that razor, knife, blade.. he will do us a big favor.

      or put someone who s really insane to do it for him.

      This guy had everything pre plan & well organized from A TO Z how can you be insane or claim insanity!!!!!!!!!!!!!

      • 1 vote
      #1.8 - Thu Jun 21, 2012 6:50 PM EDT
      Reply

      No good, he wants to kill, not die

      • 1 vote
      Reply#2 - Thu Jun 21, 2012 12:36 PM EDT

      Big red truck, of course he is insane, no sane person would do something like this, but he doesn't treatment he needs shot.

      • 2 votes
      Reply#3 - Thu Jun 21, 2012 12:45 PM EDT

      destructive, remorseless, egotistical. He should be a banker, they get away with it.

      • 2 votes
      Reply#4 - Thu Jun 21, 2012 12:49 PM EDT

      " A sentence can be extended beyond that if a prisoner is considered a menace to society, "

      This is correct, but this procedure can also be repeated indefinitely. In other words, he will be in prison for the rest of his life.

      • 1 vote
      Reply#5 - Thu Jun 21, 2012 1:13 PM EDT

      Breivik: "I'm sane"

      thats enough evidence for me that hes not sane. He wants to go to prison so he can attempt to continue his viciousness. Deny him that and dope him up in a rubber room.

        Reply#6 - Thu Jun 21, 2012 3:50 PM EDT

        It will torture him more to be declared insane; which any sane person can tell he is....

          Reply#7 - Thu Jun 21, 2012 3:53 PM EDT

          No Mom, he planned this act and executed it(no pun intended) with deadly precision. Not insane.

          If I were the victims families, I would be looking for blood.

          I'm curious to see how the Norwegian courts handle this.

          • 1 vote
          #7.1 - Thu Jun 21, 2012 5:04 PM EDT

          Don't confuse insane with inept. Many insane people are capable of doing very careful, detailed planning.

          • 2 votes
          #7.2 - Thu Jun 21, 2012 5:19 PM EDT

          Frank, I have to agree with Baja. Insane doesn't mean babbling, incoherent or stupid. You can be highly intelligent and organized, but still be bat sh*t crazy.

          • 1 vote
          #7.3 - Fri Jun 22, 2012 8:39 AM EDT
          Reply

          He is just like Charlie Manson...

            Reply#8 - Thu Jun 21, 2012 4:02 PM EDT

            Since Norway is incapable of punishing Mass Murderers with their "he must be insane crap". Please do the rest of the World a favor and keep him inside your borders.

            • 1 vote
            Reply#9 - Thu Jun 21, 2012 4:08 PM EDT

            ". . . If the court opts for a prison term instead, prosecutors said their preference would be the maximum sentence of 21 years." . . . WTF?! Only 21 years for killing 77 kids?

            • 1 vote
            Reply#10 - Thu Jun 21, 2012 4:36 PM EDT

            its called psychopathic deviance or moral insanity. Pritchard (actually coined the term) and Pinel (both mental illness physicians) in the 18Th century used the term to describe a type of insanity without delusion or hallucination, without mental impairment, but insanity in a very specific area non-the-less. this all came about because Pinel was asked to investigate the murder of a servant who was whipped to death by a noble, in France. pinel was struck by the absolute unconcern of the noble involved and eventually came to the conclusion that it was moral insanity.

            • 2 votes
            Reply#11 - Thu Jun 21, 2012 4:48 PM EDT

            He seems sane to me. He came up with a plan, executed it, and has since acted very deliberately in court. Sure, he's a murderer, but he never had any delusions about what he was doing.

            • 1 vote
            Reply#12 - Thu Jun 21, 2012 4:50 PM EDT

            Sure he did - he thought he was doing something patriotic.

            • 1 vote
            #12.1 - Thu Jun 21, 2012 5:21 PM EDT
            Reply

            Norway's sitting around trying to determine if he's crazy? Ya think!

              Reply#13 - Thu Jun 21, 2012 5:32 PM EDT

              He would only get 21 years for murdering 77 people, so who is insame?

                Reply#14 - Thu Jun 21, 2012 5:55 PM EDT

                They have that covered. Their loophole is that they can keep someone indefinitely if they are considered a danger to society. You think they'd ever think this guy is safe to let out?

                  #14.1 - Fri Jun 22, 2012 8:41 AM EDT
                  Reply

                  was the prosecutors smilling when they asked the Norwegian court on Thursday to declare far-right mass murderer Anders Behring Breivik insane and commit him to a mental institution?

                  They should also check in to a mental institution!

                  This why I love extremest countries like Iran, Pakistan, Arabia etc... they dont mess with murders? they killed them on the spot. Problem solved next?

                  • 1 vote
                  Reply#15 - Thu Jun 21, 2012 7:00 PM EDT

                  He's nuts. Off him!

                    Reply#16 - Fri Jun 22, 2012 6:59 AM EDT

                    Thats my nigga, true born killer. Fear him for he is not bound by the same parameters that regular people are governed by.

                      Reply#17 - Fri Jun 22, 2012 8:11 AM EDT

                      those who exhault themselves will be humbled...those who are humble shall be be exhaulted...fear not he who can only kill the body but he who can kill the body and soul in HELL FOR ETERNITY.

                      brave men will find that they are cowards, beautiful people will find that they are ugly, brilliant people will go stark, raving mad...

                      the chaos mirror...when a person sees themselves through the eyes of God instead of the eyes they give for others to see themselves with

                      ...if he were a real killer...he would have known (and been capable) of keeping his ******* mouth shut...

                      only an insecure, scared, little, ***** goes around telling people to be proud of being a murderer

                      one who cause fear in others is one who is afraid of them! ******!!!

                        #17.1 - Fri Jun 22, 2012 9:49 AM EDT

                        those who exhault themselves will be humbled...those who are humble shall be be exhaulted...fear not he who can only kill the body but he who can kill the body and soul in HELL FOR ETERNITY.

                        brave men will find that they are cowards, beautiful people will find that they are ugly, brilliant people will go stark, raving mad...

                        the chaos mirror...when a person sees themselves through the eyes of God instead of the eyes they give for others to see themselves with

                        ...if he were a real killer...he would have known (and been capable) of keeping his mouth shut...

                        only an insecure, scared, little, {} goes around telling people to be proud of being a murderer

                        one who causes fear in others is one who is afraid of them! {}!!!

                          #17.2 - Fri Jun 22, 2012 9:50 AM EDT
                          Reply

                          Whoever does not sentence this man to death.....Well, THEIR INSANE!!!!

                          • 1 vote
                          Reply#18 - Fri Jun 22, 2012 8:27 AM EDT

                          It sounds like the prosecution is trying whatever tactic will keep him locked up longer. With a prison sentence, he's technically done after 21 years. Granted, they cover their butts in Norway by legally being allowed to detain a person after their sentence if they are deemed a danger to society, which clearly, this guy would be. But with an insanity call, they get to keep him indefinitely right off the bat. Sure, there's a review process every few years, but like he'd ever pass a review. At least I would hope that some idiot wouldn't think a because he's doped up and answering the questions the way they want them answered equals safe for release. Plus, declaring him insane would drive him nuts. So, win-win. They just need to make sure he has no contact with the outside world either - no internet and whanot. He'd only plot something from there with someone on the outside.

                            Reply#19 - Fri Jun 22, 2012 8:47 AM EDT

                            Great. Give him an out. This man is not insane. He is perfectly sane. He knew exactly what he was doing. He knew what the consequences would be if he was caught. He is aware of his actions. He also has the ability to choose to act in the way he did. People like to lable monsters like him insane. Its human nature because we have to have a reason why someone would do something like this. He didnt just walk out with a gun one day and start shooting because the voices told him too. He planned it. Thought it out. By declaring him insane that means at some point he will be deemed able to return to society. Then he will do it again. I have worked in mental health for damn near 20 years now. As time passes he will get out. Do not put him in a mental hospital. Throw his ass in jail. Put him in general population. Maximum security lock down. He is a cold and calculating monster. Throw out all this huggy feely coddle crap and stick him in a hole and slam the lid shut.

                              Reply#20 - Fri Jun 22, 2012 9:57 AM EDT

                              So give him a single bullet. Left of center. 1.5 inches up from the Xiphoid process.

                                Reply#21 - Mon Jun 25, 2012 6:40 AM EDT
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