Cross posted from Frederick Leatherman Law Blog
Anders Behring Breivik has admitted to killing 77 people in Norway on July 22, 2011. He detonated a home-made fertilizer bomb that he placed in a parked vehicle next to several government buildings in downtown Oslo killing 8 people. Then he took a ferry to an island where he shot and killed 69 people, mostly teenagers, at a camp operated by the Worker’s Youth League of Norway’s Labour Party. He said he deliberately killed all of these people to protect the white race from multicultural infection by immigrants, principally Muslims.
He is on trial and the legal issue the court must decide is whether he was insane at the time of the offense.
If the court determines that he was insane, he will be placed in a secure mental health facility for an indeterminate period of time, subject to periodic reviews of his mental health to determine if he is safe to be released.
If the court determines that he is not insane, he will be sentenced to prison for a period of not more than 21 years. However, that sentence may be extended in 5 year increments, until such time as he is deemed safe to be released.
In neither case will he likely be released.
Norway does not have a death penalty.
Breivik was diagnosed with paranoid schizophrenia by the court-appointed psychiatrists. According to their report, Breivik acted compulsively based on a delusional thought universe. Among other things, he alluded to himself as a future regent of Norway pending a takeover by a Templar-like organization. Imagining himself as regent, his ideas included organizing Norwegians in reservations and using them in breeding projects. Other psychiatrists disagree that he is psychotic or schizophrenic, and on 13 January 2012, after much public pressure, the Oslo district court ordered a second expert panel to evaluate Breivik’s mental state. On 10 April 2012 the second psychiatric evaluation was published with the conclusion that Breivik was not psychotic during the attacks and he was not psychotic during their evaluation; rather he is an extreme narcissist. (footnotes omitted)
Breivik claims he is not insane. He insists that he should be acquitted and released or convicted and sentenced to death.
To get a sense of his mental state, what he was thinking, and why he did what he did, please read the Wikipedia day-by-day trial summary of his five day testimony and the day-by-day trial coverage by the BBC.
(Caution: His testimony is graphic, chilling, and possibly disorienting)
Insanity is a legal definition and, therefore, a creature of legislative invention. It is not a recognized mental illness. Whether a person is insane when they commit a crime, depends on the statutory definition in effect in the jurisdiction where the crime was committed.
II. The United States