Trial of Anders Breivik

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The trial of Anders Behring Breivik,the perpetrator of the 2011 Norway attacks, took place between 16April and 22 June 2012 in Oslo District Court. Breivik was sentencedto 21 years of preventive detention on 24 August 2012. 170 mediaorganizations were accredited to cover the proceedings, involvingsome 800 individual journalists.


The main question during the trialbecame the extent of the defendant's criminal responsibility forthese attacks and thereby whether he would be sentenced toimprisonment or committed to a psychiatric hospital. Two psychiatricreports with conflicting conclusions were submitted prior to thetrial, leading to questions about the soundness and future role offorensic psychiatry in Norway.


Background


On 25 July 2011, Breivik was chargedwith violating paragraph 147a of the Norwegian criminal code, "destabilizing or destroying basic functions of society"and "creating serious fear in the population", bothacts of terrorism under Norwegian law.


Forensic psychiatrists Torgeir Husbyand Synne Sørheim, who conducted the psychiatric analysis of Breivikand released their report in December 2011, found that he wassuffering from paranoid schizophrenia, supporting a would-be insanitydefense or criminal insanity ruling by the court. However, subject tomassive criticism from legal and psychiatric experts, the courtdecided to appoint two new psychiatrists, Terje Tørrissen and AgnarAspaas, who were to conduct another analysis. Breivik was initiallyuncooperative with the new psychiatrists because of the previousreport having been leaked to the media, but he later changed his mindand decided to cooperate. On 10 April 2012, psychiatrists found thatBreivik was legally sane. If that conclusion is upheld, Breivik canbe sentenced to prison or containment.


Parties


Breivik was represented by his defensecounsel Geir Lippestad, Vibeke Hein Bæra, Tord Jordet and Odd IvarGrøn. Lippestad and Bæra are both in their late forties, whereasJordet and Grøn who are both in their thirties and were inemployment at Lippestad's law firm prior to 22 July 2011 asassociates. Bæra, who has ten years of experience as publicprosecutor, was hired as a partner following Lippestad's acceptingthe request from Breivik to defend him. The prosecution isrepresented by state prosecutors Svein Holden and Inga Bejer Engh.


The presiding judge is Wenche ElizabethArntzen. She is joined by judge Arne Lyng and lay judges ErnstHenning Eielsen, Anne Wisløff and Diana Patricia Fynbo. Wisløffcame in as an alternate after Thomas Indrebø had to recuse on thesecond day of the trial when it came to light that he had advocatedthe death penalty on a Facebook page the day after the terrorattacks.


Witnesses


Breivik's list of witnesses includesfar right activist Tore Tvedt, Labour Party politician RaymondJohansen, prominent Islamists Mullah Krekar and Arfan Qadeer Bhatti,and anti-Islamist blogger Fjordman.


The purpose of calling Mullah Krekar isto help establish for the Defense that political and ideologicalextremism is not a psychiatric disorder and should not be treatedlegally with insanity.

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