Sandvika.
Public Prosecutions decided that the prosecutor Erik Forde would add the claim that the girl should be sentenced to ten years’ detention with a minimum term of six years.
It has never happened before that a child below 18 years is sentenced to detention.
Containment Penalties for children is a controversial topic. Therefore, the Supreme Court should ultimately decide on the sentencing in this case – whatever Asker and Bærum District Court had to come forward.
Containment Punishment implies that 15-year-old can be held in prison while the court considers her as dangerous, so that society must be protected against her. The court may later extend the detention for five years resignation if there is still repetition danger. In theory she be sitting in prison for life.
How to punish a child?
Had the accused been eight to ten years older, it would hardly have been any doubt that she would have been sentenced to detention. But she is a child – and how to punish a child who kills?
Criminal Law Commission proposed in their time that children under 18 can not be sentenced to custody, but Parliament wanted no absolute prohibition. Legislator added, however strict guidelines for cases where children may be sentenced to detention – it must be “absolutely extraordinary circumstances.”
It is precisely such extraordinary circumstances Attorney Erik Forde believes exists in this case. Prosecutors refer to the forensic psychiatric expert claiming that 15-year-old will remain dangerous – perhaps life. Therefore, society must be protected against her.
Prosecutor justifies its view among other things, that she was already at age 12 in 2012 was considered dangerous. Later there were more violent and threatening episodes confirmed the degree of dangerousness. It culminated with the murder of Anna Kristin Gillebo Backlund on child welfare institution Small Entities in Asker in October last year.
The child’s best.
15-year-old suffering from an emotional, unstable personality, also called borderline. It is a diagnosis for the prosecutor’s opinion makes her dangerous, and she will have difficulty getting back to a functional life even after years of treatment.
The court shall take into consideration the child’s best interests. The prosecutor makes the point that it is precisely the 15-year-old’s best that she imposed detention – a statement defenders obviously do not support.
Sentencing in this matter is important because it provides guidelines for how society should respond in other cases when children commit serious crimes.
Therefore, the Supreme Court must add guides.
Published:
No comments:
Post a Comment