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noram

Manuel: The aggravating circumstances you mention are why he got six years, instead of two and a half. I never heard of anyone being sentenced to the full ten years under § 224, ever.

manuel

@noram
I think the keyword in your post is "usually". This seems to be somewhat exceptional:

- this was, quoting Andrew, "A potentially deadly knife attack against three uniformed police officers". So he shows a special disregard for the executive authority.
- The knifeman shows no remorse at all
- He claims his actions were justified because his world-view was challenged by caricatures shown not even by the people he attacked, but by completely different persons.

I don't have any knowledge of criminal law, but circumstances seem to be a little unusual and different from everyday assault. Consider that the maximum penalty in §224 StGB is 10 years of prison. So there's plenty of room to the top that could have been used in this special case.

Also, I think it's dangerous to treat nutjobs like him mildly. They will only interprete mildness weakness.

Martin

I really do not care wether he is sentenced to 2, 6 or 12 years. What would be the difference? The longer the sentence, the longer the tax payer has to pay for him.

Will it change him? No! (Most likely)
Does is make my life better? No!
Is there any sense in retribution? No!
Do longer sentences prevent others doing the same? No!

So, why would I care? There is only one thing:
People like him should probably be sentenced for life, because they are likely to misbehave again. But this would be way to much and not justified in this case.

On thing is important, though: The fact, that he has been sentenced! As a statement!

And now forget him. I do not want to have people like him in my life!

BTW: This would be exactly my stance when he would have attacked my father or my wife! I would probably not even go to his trial.

Martin

noram

Six years for what he did is crazy low, of course. But what can you do? This is perfectly in line with how courts in Germany usually punish violent criminals (except in Bavaria, where the courts tack on a healthy extra year or two as a matter of pride).

One can argue that the U.S. has gone overboard in the opposite direction, what with stupid three-strikes laws and the self-perpetuating prison-industrial complex.

How to find a happy medium? I for one have no idea.

Ole

What strikes me as funny about it, is that the proescution only demanded a sentence of five years and nine months (according to Spiegel Online). I'm not a lawyer, but I'd really like to read the arguments of the court for this (only found a relatively short article in german about it: http://www.spiegel.de/panorama/justiz/urteil-gegen-salafist-murat-k-wegen-messerattacke-auf-polizisten-a-862320.html)

xxx

Andrew, how many years in prison would you give him (while applying the German penal code)?

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