4 ms·

How about a murderer who says they'll kill again if they get out?

gambiting 12y ago
Just do what Norway does - maximum sentence is 21 years, and then it's re-reviewed. If the prisoner has rehabilitated, release them - if not,they can extend the sentence by another few years. And then again,and again,and again - as many times as needed, effectively turning it into a life sentence in the case of hardened criminals, but eventually releasing people like the ones mentioned in the article,who have genuinely changed.
- vidarh 12y ago
  Actually, if you are given 21 years in prison, you are given 21 years. Normally you would then get out on parole after 14, but the maximum you will receive unless you carry out other criminal acts while in prison that warrants a new trial and sentence, is 21 years. In order for it to be possible to keep the person locked up further, it requires a special sentence - "forvaring" - that is separate from the longest ordinary prison sentence and is intended for use only with prisoners that are deemed to be at particular high risk of reoffending. The court will set a minimum period that the convicted needs to stay in prison, which should normally not exceed 10 years, and a term after which the prisoner will be regularly reviewed for release, which should normally not exceed 15 years but that can be as long as 21 (at least every 5 years). The prosecution will then go to the courts and request an extension if they believe there's still cause to believe that the person is at great risk of reoffending at the end of the initial term and in advance of the expiry of any extensions. It was specifically made clear when the changes to the law was made, that it was not generally intended as a life sentence, but in fact that it was expected that at lot of the sentences would have much shorter terms than the maximum. As of 2005 (3 years after introduction of "forvaring") 2/3's of the sentences where it had been given where given with terms less than 10 years. I don't know, and don't have time to check, how many of these have actually been released, but I know some have been released without extensions to their initial term, even in cases where the court found that there was risk of reoffending, but where the risk was not found to be sufficient to meet the criteria for extending the term.
- serge2k 12y ago
  Isn't that effectively mandatory parole review after a set time period?
  - vidarh 12y ago
    There's mandatory parole review for normal sentences in Norway too, and it typically happens after 2/3 of the sentencing term, but normal sentences always have a fixed maximum term that can't exceed 21 years. This special form of sentencing - "forvaring" - is different in that it in theory is open-ended if the person in question is found to be at risk of reoffending. If a sentence of "forvaring" is not given in the original trial, then the prisoner is free at the end of his/her prison term regardless of risk of reoffending, behaviour or other factors. The decision about whether or not to extend the term for someone given a sentence of "forvaring" is taken by the court, after a review by the prosecutors office, assuming the prosecutor choose to ask for an extension. The only consideration is the extent of the risk of reoffending - other factors that are often taken into account in normal parole hearings (such as expressing understanding of the crimes, regret etc.) are not normally relevant, as these hearings are not about whether or not the prisoner is eligible to be rewarded with early release, but whether or not there is a proven need for society to extend the incarceration beyond the maximum term set with the original sentence in order to protect peoples safety.

Just do what Norway does - maximum sentence is 21 years, and then it's re-reviewed. If the prisoner has rehabilitated, release them - if not,they can extend the sentence by another few years. And then again,and again,and again - as many times as needed, effectively turning it into a life sentence in the case of hardened criminals, but eventually releasing people like the ones mentioned in the article,who have genuinely changed.

vidarh 12y ago
Actually, if you are given 21 years in prison, you are given 21 years. Normally you would then get out on parole after 14, but the maximum you will receive unless you carry out other criminal acts while in prison that warrants a new trial and sentence, is 21 years. In order for it to be possible to keep the person locked up further, it requires a special sentence - "forvaring" - that is separate from the longest ordinary prison sentence and is intended for use only with prisoners that are deemed to be at particular high risk of reoffending. The court will set a minimum period that the convicted needs to stay in prison, which should normally not exceed 10 years, and a term after which the prisoner will be regularly reviewed for release, which should normally not exceed 15 years but that can be as long as 21 (at least every 5 years). The prosecution will then go to the courts and request an extension if they believe there's still cause to believe that the person is at great risk of reoffending at the end of the initial term and in advance of the expiry of any extensions. It was specifically made clear when the changes to the law was made, that it was not generally intended as a life sentence, but in fact that it was expected that at lot of the sentences would have much shorter terms than the maximum. As of 2005 (3 years after introduction of "forvaring") 2/3's of the sentences where it had been given where given with terms less than 10 years. I don't know, and don't have time to check, how many of these have actually been released, but I know some have been released without extensions to their initial term, even in cases where the court found that there was risk of reoffending, but where the risk was not found to be sufficient to meet the criteria for extending the term.
serge2k 12y ago
Isn't that effectively mandatory parole review after a set time period?
- vidarh 12y ago
  There's mandatory parole review for normal sentences in Norway too, and it typically happens after 2/3 of the sentencing term, but normal sentences always have a fixed maximum term that can't exceed 21 years. This special form of sentencing - "forvaring" - is different in that it in theory is open-ended if the person in question is found to be at risk of reoffending. If a sentence of "forvaring" is not given in the original trial, then the prisoner is free at the end of his/her prison term regardless of risk of reoffending, behaviour or other factors. The decision about whether or not to extend the term for someone given a sentence of "forvaring" is taken by the court, after a review by the prosecutors office, assuming the prosecutor choose to ask for an extension. The only consideration is the extent of the risk of reoffending - other factors that are often taken into account in normal parole hearings (such as expressing understanding of the crimes, regret etc.) are not normally relevant, as these hearings are not about whether or not the prisoner is eligible to be rewarded with early release, but whether or not there is a proven need for society to extend the incarceration beyond the maximum term set with the original sentence in order to protect peoples safety.