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steinrokkan
Apr 2, 2011



Soiled Meat
as soon as you make a cogent argument other than "this is some wild stuff"

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DogonCrook
Apr 24, 2016

I think my 20 years as hurricane chaser might be a little relevant ive been through more hurricanws than moat shiitty newscasters
Yeah fair enough

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

DogonCrook posted:

I mean if you can point to where im wrong im all ears.

DogonCrook posted:

Yeah im just saying doing it while aknowledging the guilty verdict and not contesting the finding of fact, is questioning the validity of a guilty verdict generally, not his specifically.

You're wrong here. Challenging a sentence without challenging guilt is common - now that I think about it even more, it happens all the time in the US (there was just that fight about the Microsoft repair disc counterfeiting, for example, which was all about facts separate from "did this guy counterfeit discs or what").

DogonCrook posted:

Hes claiming beside guilt there is some other abstract bar you have to clear to enact a sentence on that verdict.

Again, often the case. Look at the US sentencing guidelines for how many different other factors go into a particular sentence being appropriate or not - https://www.ussc.gov/guidelines/2016-guidelines-manual

DogonCrook posted:

As if there were shades of fact some being more valid than others.

Some facts are relevant to sentencing but not to guilt, yes. I refer you to the sentencing guidelines again.

DogonCrook posted:

Thats plainly retarded imo.

This is your opinion, so it cannot be "wrong", only bad. But it is bad, as noted above.

DogonCrook posted:

Thats a completely arbitrary system if so, its not justice.

If you take a look at the sentencing guidelines, it should be clear that a system of sentencing based on any number of additional facts (signs of remorse, criminal history, cooperation) is less arbitrary than "judge picks anything in this range."

DogonCrook
Apr 24, 2016

I think my 20 years as hurricane chaser might be a little relevant ive been through more hurricanws than moat shiitty newscasters

ulmont posted:

You're wrong here. Challenging a sentence without challenging guilt is common - now that I think about it even more, it happens all the time in the US (there was just that fight about the Microsoft repair disc counterfeiting, for example, which was all about facts separate from "did this guy counterfeit discs or what").


Again, often the case. Look at the US sentencing guidelines for how many different other factors go into a particular sentence being appropriate or not - https://www.ussc.gov/guidelines/2016-guidelines-manual


Some facts are relevant to sentencing but not to guilt, yes. I refer you to the sentencing guidelines again.


This is your opinion, so it cannot be "wrong", only bad. But it is bad, as noted above.


If you take a look at the sentencing guidelines, it should be clear that a system of sentencing based on any number of additional facts (signs of remorse, criminal history, cooperation) is less arbitrary than "judge picks anything in this range."

Yeah i know and i could be wrong but im under the impression though he is not arguing its outside of some guidlines hes arguing that within those guidlines he should be on the lower end of it. Maybe they just didnt cite his full argument in the article or whatever or its a translation thing. Like is he actually arguing they didnt meet the standards for life? To me it sounds like he is contesting the guilty verdict without doing it directly because they didnt cite what bar he claims they didnt clear or whatever the issue is.

steinrokkan
Apr 2, 2011



Soiled Meat
You are confusing the verdict of guilt in the case of a particular crime with the sentence.

DogonCrook
Apr 24, 2016

I think my 20 years as hurricane chaser might be a little relevant ive been through more hurricanws than moat shiitty newscasters

steinrokkan posted:

You are confusing the verdict of guilt in the case of a particular crime with the sentence.

I may be confused about what hes arguing but without citing some specific reason the only way to decide this is to re weigh the evidence of the first trial by a judge who wasnt there and deciding how close to that line the case was.

SplitSoul
Dec 31, 2000

DogonCrook posted:

I mean if you can point to where im wrong im all ears.

You're only supposed to have two of them, but I don't want to be ableist.

pap smear
Jan 21, 2018

by FactsAreUseless
I maintain this is based Denmark doing god's work once again. One less Swede walking the earth is a slight improvement to the human condition. :colbert:

McGiggins
Apr 4, 2014

by R. Guyovich
Lipstick Apathy
That's pretty harsh friend, swedes are usually very attractive, and therefore deserving of life.

pap smear
Jan 21, 2018

by FactsAreUseless
Yeah but they've fucker over Scandinavia for their entire existence. Every time Danes do something cool, Sweden starts a war back home and the Danes must return to fight the snow chimps. Its about time the Danes take some revenge.

(USER WAS PUT ON PROBATION FOR THIS POST)

Nice piece of fish
Jan 29, 2008

Ultra Carp

DogonCrook posted:

I may be confused about what hes arguing but without citing some specific reason the only way to decide this is to re weigh the evidence of the first trial by a judge who wasnt there and deciding how close to that line the case was.

I don't follow you. What exactly is it you think happens on a sentencing appeal? Just gimme a plain description of what you think the issue is, because I'm not sure what you're getting at.

Bape Culture
Sep 13, 2006

Are the police looking for the tape he clearly made?

frumpykvetchbot
Feb 20, 2004

PROGRESSIVE SCAN
Upset Trowel

Bape Culture posted:

Are the police looking for the tape he clearly made?

This SD card. This card was in your daddy’s POV snuffcam when he was apprehended in Køge Bugt. He was captured, put in a Danish prison. He knew if the pigs ever saw the card it’d be confiscated, taken away. The way your dad looked at it, that card was your birthright. He’d be damned if any normies were gonna put their porcine hands on his boy’s birthright. So he hid it in the one place he knew he could hide something. His rear end. Five long years, he wore this card up his rear end. Then he died of dysentery, he gave me the card. I hid this uncomfortable hunk of plastic up my rear end two years. Then, after seven years, I was sent home to my family. And now, little man, I give the card to you.

frumpykvetchbot fucked around with this message at 12:02 on May 8, 2018

Nice piece of fish
Jan 29, 2008

Ultra Carp

Sucrose
Dec 9, 2009
Since Murder Madsen seems to have finally swallowed the fact that no judge is ever going to believe that he didn't murder Kim Wall, I wouldn't be shocked if at this point he owns up to it and instead starts pulling a contrition act in a bid to try and get out of prison someday. Wouldn't shock me at all. Luckily after all this I would hope that if he does start acting remorseful it'll be obvious to any judges that it's just a coldly calculated move to try and get less prison time.

McGiggins
Apr 4, 2014

by R. Guyovich
Lipstick Apathy
He's never going free. Any evaluator looking over his official interaction history is not going to buy it, not unless they themselves are insane.

Thats one more Dane behind bars, and only all of them to go.

the milk machine
Jul 23, 2002

lick my keys

Sucrose posted:

Since Murder Madsen seems to have finally swallowed the fact that no judge is ever going to believe that he didn't murder Kim Wall

what part of any of the coverage makes you think this, it's literally the opposite of his behavior at trial

frumpykvetchbot
Feb 20, 2004

PROGRESSIVE SCAN
Upset Trowel

the milk machine posted:

what part of any of the coverage makes you think this, it's literally the opposite of his behavior at trial

Yeah. And his attorney says nothing about her client's position has changed. He still firmly asserts innocence with respect to the act of murder itself, but in recognition of his depleted credibility account, he is not actually seeking to challenge the guilty verdict in the appeal. He just wants the life sentence reduced to a shorter sentence more in line with what other first time murderers would have received. I think.

Also, by not challenging the guilty verdict he is now no longer subject to nearly as strict isolation with respect to communication, and as I understand it he is now free to send and receive letters without restriction.

Fiend
Dec 2, 2001
I'm still not convinced this sentence was strong enough to make Denmark a safe place for Swedes.

bolind
Jun 19, 2005



Pillbug
Kim Wall’s boyfriend has written a very good article (in bork but could probably be google translated) in Weekendavisen. Worth a read.

Jikes
Dec 18, 2005

candy of the ocean
Even with a crappy google translation, it's pretty heartwringing.

quote:

RETSSAGEN against PM is appealed and we must now wait for a verdict from the national court as well. Until then, I have to believe and hope for a judgment that resembles the district court. That's the only thing that can just give me a little sense of balance and justice. It is necessary for me to say that the relationship between action and potential punishment can never be neither balanced nor fair. It will only be the interpretation of society by its laws followed by judicial enforcement.

I have a need to describe his action, but my words are short. The words are too small and insignificant. However, I have a need - not just for this text, but for myself - to describe to try to understand. I have searched for words, searched for synonyms many times, translated into different languages. What do you do when your word does not reach? How do you describe it indescribable?

The conclusion is and remains the same. I'm unable to describe what Kim was exposed to, but reality does not care about my ability to describe or understand. It is unaffected. Nothing changes what PM has done. The problem is, at the same time, that we do not know what happened to Kim on board. I do not want to go into detail with this topic, nor try to describe how the ultimate ignorance feels. The basic but frightening need to know the truth. Everything is possible when you do not know the truth - all the pictures and theories are in one's head. For a long time, I felt that as long as I do not know the truth, she's still there. The action is underway and I can not do anything. Kim's friend said during a walk at the castle that what happened has happened. It's done. It just does not feel like that.


PM has made the world a worse place: For people all over the world without voice to tell about their lives and challenges. For women who have to make future choices of boarding other scary vessels, which, among other things, require trust in men. For her family and friends. And for Kim.

He has taken one life that is so much worth and left us himself.

....

Kim's enthusiasm over the world was contagious. Through her eyes, life became mysterious, adventurous and beautiful. Through her words, others could experience the beauty and perhaps change their own perceptions of life. Through Kim, the world became a better place. Kim Isabel Fredrika Wall is gone.

PM is here yet.

One of the two people lived to do good things in the world. To give a voice to those whose stories were not heard. To listen openly and honestly to skeptic existents' attempts to find identity and role in society. She was worth to be proud of, worth showing off, a good person. The other person we will save and imprison. The other we want to exclude from society for everyone else's sake. One person is plus, the other is minus.

Once upon a time I was excited that Kim and I had a space lab in our backyard, inspired by PM's project. Now I wish he had never existed. It has been difficult with the world press on the toes, but I still try to keep him out of my mind. He deserves not to be remembered. He should, if it says to me, be forgotten.

Kim is important - PM is not.

I can not hate and love at once. One must be remembered and one should be forgotten. The choice is simple.

What would Kim do now? I never get the chance to ask her. Never gets any answer, but the question is always with me.

CharlestonJew
Jul 7, 2011

Illegal Hen
still loling that his defense was taken almost verbatim from that one Star Citizen post where a guy asks if he can vent the airlocks when transporting slaves, that way if the police catch him he can only be charged with transporting corpses

veni veni veni
Jun 5, 2005


CharlestonJew posted:

still loling that his defense was taken almost verbatim from that one Star Citizen post where a guy asks if he can vent the airlocks when transporting slaves, that way if the police catch him he can only be charged with transporting corpses

Link please

Sucrose
Dec 9, 2009

the milk machine posted:

what part of any of the coverage makes you think this, it's literally the opposite of his behavior at trial

Oh. I thought that him no longer contesting the guilty verdict, just the length of the sentence, meant he was giving up on the whole "I'm innocent!" deal.

bolind
Jun 19, 2005



Pillbug
New court dates for the appeal: September 5th, 12th and 14th.

Nice piece of fish
Jan 29, 2008

Ultra Carp

bolind posted:

New court dates for the appeal: September 5th, 12th and 14th.

Yeah, that's pretty much what I figured. Probably won't be too exciting to follow, guess we'll see. Hopefully the high court isn't in a gaming mood.

bolind
Jun 19, 2005



Pillbug
Could he technically appeal to Højesteret? (Bork Supreme Court)

KomodoWagon
May 10, 2013

by R. Guyovich

bolind posted:

Could he technically appeal to Højesteret? (Bork Supreme Court)

He could, but they won't necessarily take the case since there's no constitutional argument.

Nice piece of fish
Jan 29, 2008

Ultra Carp

KomodoWagon posted:

He could, but they won't necessarily take the case since there's no constitutional argument.

Yup, though as I've previously mentioned they might be interested in doing so just to firmly establish that life is applicable to single-murder cases. Don't think bork supreme court does any fact finding and never rules on actual guilt, only on purely legal issues so that's pretty familiar. If they can, they might hear it.

Lima
Jun 17, 2012

Yep, there's even precedent for life in prison for a murder/rape in a nautical enviroment.

Stabby Ahab is going to rot in the shade :black101:

Nice piece of fish
Jan 29, 2008

Ultra Carp

Lima posted:

Yep, there's even precedent for life in prison for a murder/rape in a nautical enviroment.

Stabby Ahab is going to rot in the shade :black101:

I know the case you mean. It's probably sufficient on its own, so yeah.

So, looking forward to seeing the movie directed by Lars von Trier, "The sub that Madsen built".

bolind
Jun 19, 2005



Pillbug
Actually I read that one of the other lifers who’s :airquote:only:airquote: killed one person is slated to have his sentence tried in Supreme Court. No firm source on that other than a line in some news article.

Caganer
Feb 15, 2018
So is the case pretty much settled? Or is there going to be a long series of appeals like there is with a capital case in the USA?

(my assumption is danish treat a long prison sentence like USA treats death sentences since they're handed out so rarely)

feedmegin
Jul 30, 2008

Caganer posted:

(my assumption is danish treat a long prison sentence like USA treats death sentences since they're handed out so rarely)

Whut

Execution is a bit less reversible than a long sentence dude. Assume less things.

Also Danish is a pastry you mean Danes.

frumpykvetchbot
Feb 20, 2004

PROGRESSIVE SCAN
Upset Trowel

Caganer posted:

So is the case pretty much settled? Or is there going to be a long series of appeals like there is with a capital case in the USA?

bolind posted:

New court dates for the appeal: September 5th, 12th and 14th.

There is probably only going to be that one appeal hearing. It mercifully won't include a rehash of all the gory detail, and the matter of guilt won't be reconsidered. Maybe he's hoping that re-sentencing would allow for the chance of parole before the collapse of western civilization or his 60th birthday.

brylcreem
Oct 29, 2007

by FactsAreUseless

frumpykvetchbot posted:

Maybe he's hoping that re-sentencing would allow for the chance of parole before the collapse of western civilization or his 60th birthday.

Yeah, he also needs to get out in time in order to recover that missing memory card from the camera.

But seriously, we all know he did try to conceal it somewhere, right? :cry:

I just hope it's gone or unusable.

Caganer
Feb 15, 2018
Sorry to bump an older thread, but I encountered this on Reddit and immediately thought "hmm. that wacko submarine guy also spoke bork bork... i wonder what's up with him"



Someone had mentioned him having an appeal hearing, is that far off?

As somebody who's interested in the nordic/eu model of prison (reform not punishment) I find it really interesting to hear how they handle egregious stuff like this. I assume he'll be in a psych ward forever (or a relatively comfy but solitary confinement ala Brevik?)

Per
Feb 22, 2006
Hair Elf

Caganer posted:

Someone had mentioned him having an appeal hearing, is that far off?

September 5, 12 and 14.

Carthag Tuek
Oct 15, 2005

Tider skal komme,
tider skal henrulle,
slægt skal følge slægters gang



Submarine Psycho Madsen appealed the sentencing, not the verdict; ie. he is hoping for a finite term instead of the sentence of life (life convicts serve on average 17 years) + forvaring that he got. The supreme court appeal is scheduled for September 5, 12, & 14 this year.

Google translation of Danish wikipedia "Forvaring" with some corrections:

quote:

Custody is a punishment type that is used against people who are considered to be particularly dangerous because they have committed serious personal crime such as killing, robbery or serious sexual crimes .

In order to convene a custodial sentence, there must be a mental investigation of the criminal, and the custodial sentence must be absolutely necessary to ensure the safety, freedom or health of other people. There must thus be a significant risk that the criminal repeats the dangerous-to-persons offenses of which he has previously been convicted. A custodial sentence is indefinite but must not last longer than necessary. It is the courts that determine when a sentenced may be released. Five years after the imprisonment of a custodial sentence, the court will review the case again. If the convicted person is not released after five years, the court will consider the matter at least every two years.

Custody differs from psychiatric special action , which in popular terms is called treatment judgment, since custody is only given to persons who are considered mentally healthy.

The rules are described in more detail in section 70-72 of the Penal Code.

It's basically "storage", putting him a place where he can't hurt anyone again until such a time where he might be deemed harmless.

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Caganer
Feb 15, 2018

Krankenstyle posted:

It's basically "storage", putting him a place where he can't hurt anyone again until such a time where he might be deemed harmless.

do we really think that post Issei Sagawa such a thing will happen?

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