Stupid Laws

[Coastie]

We aren't the only ones with laws that defy logic, this is ridiculous!

http://www.aftenposten.no/english/lo...icle972682.ece

'Immune' criminal strikes again
Stavanger police are at their wits' end after having yet again to release a criminal that new laws say cannot be prosecuted.

Criminal background
The man has been convicted 25 times, with sentences amounting to 13 years.

None of these offenses is 'serious enough' now that the laws have been modified.

The man can also not be sentenced to preventative custody as this only applies to those who are of sound mind.
Related stories:
Low IQ may grant immunity - 16.02.2005
According to new rules in the Norwegian penal code, the 30-year-old offender, who has broken the law for years, cannot be arrested and jailed.

Late Wednesday night Stavanger police were involved in a car chase, but when they found out who they had caught, they had to let him go. Because the man has been declared mentally handicapped he falls outside of the criminal justice system.

The man has broken into cars and homes, committed thefts and minor drug offenses but as long as the crimes are below a certain gravity he is has an effective license to commit crime, newspaper Stavanger Aftenblad reports.

The diagnosis means that he cannot do prison time and new rules prevent him from being put into preventative custody. Mentally handicapped criminals can only be sentenced to forced care in a medical institution in the case of serious crimes according to new laws.

District attorney Tormod Haugnes said that bank robbery or arson resulting in death is necessary before people like the 30-year-old can be put away.

The man's legal counsel, John Christian Elden, said it was strange that Stavanger's care system had not "gotten hold of him yet".

"Psychiatrists have asserted that he is not capable of showing guilt or understanding how to behave in society without help. So he must get help," Elden told Stavanger Aftenblad.

Local health authorities say that there have been fewer incidents involving the man recently, after he was given living conditions that included care, all meals and pocket money.

[kevin1]

People like that are why some of our states have a "Maintaining a common nuisance" laws that allow them to extend sentences after the number of past offences reaches a certain level rather than the severity of the offenses themselves .

An example of a flawed one here would be Kookifornia's three first strikes law which mandated a life sentence for commiting three felonies , if they had only factored in violent felonies it might be workable . The very first guy to get the axe had only committed a very minor offense , but because it was a low level felony , ironically it was "Maintaining a common nuisance" , he got a life term , though it was later overturned on appeal .

Until the Constituional prohibition against flogging convicts is repealed this problem will always exist because namby pambys who think criminals have rights will ensure it . Prison was routinely feared and avoided prior to the concept of reform replacing punishment as the objective . Until prison is once again a bad thing where you have few , if any , rights the criminals will continue to flourish .

NIP IT ANDY ! YOU GOTTA NIP IT IN THE BUD !!

[North Texan]

I'm not a big fan of extending sentences for repeat offenders. I'd just as soon let them swing from an oak.

Until the Constituional prohibition against flogging convicts is repealed this problem will always exist because namby pambys who think criminals have rights will ensure it . Prison was routinely feared and avoided prior to the concept of reform replacing punishment as the objective . Until prison is once again a bad thing where you have few , if any , rights the criminals will continue to flourish .

I don't like how the whole prisoners have rights and cruel and unusual punishment arguments have been interpreted. I think prisoners should be forced to labor long and hard and fed red beans and cornbread three times a day. The states should work them and try to make some of their $$$ back. No work, no food. Maybe a flogging or two.

quote:

NIP IT ANDY ! YOU GOTTA NIP IT IN THE BUD !!

He he!

[kevin1]

NT ,
I've staggered drunk down the darkest streets in Singapore , and never worried about getting mugged , or even rolled . The few folks out at that time of night there are almost always headed home , and they didn't even look at me as they passed . Punishment is what they mete out there , they make no pretense at rehabilitation . Maybe we shouldn't have strayed away from that .

[North Texan]

I don't think we should have either. If the punishment is rough enough the first time, there won't be many coming back for more.

[Scanr1]

Take the boy out to the wood shed and make sure he never forgets it.