vendredi 26 juillet 2019

A$AP Rocky and the Swedish justice system

I haven't seen a thread about it here, but it's big news in Sweden and I have heard various people on US talk shows talk about it, so I'd say it's worth a thread.

A$AP Rocky was arrested (gripen) by police after a concert in Sweden, accused of assault during an altercation earlier in the day. He was then detained by police (anhållen) awaiting a court hearing, where he was detained and remanded to jail (häktad) until trial. He's been there since the beginning of July, about three and a half weeks, and the court has set a date for his trial next week.

The issue is special in part due to who the accused person is, and in part because the US President has attempted to get Swedish politicians to meddle in the independent justice system to secure A$AP Rocky's release. Needless to say, this has not been successful.

A brief overview of the Swedish judicial system:

A person accused of a crime can be arrested (gripen) by police and held for up to a maximum of 12(6+6) hours. Then a prosecutor can detain (anhålla) the accused for up to 72 hours. During this time, the accused is held in police custody.

After 72 hours, in order to keep the accused locked up, a court must order the person remanded to jail (häktad), a decision that must be reviewed during a new hearing every two weeks until the prosecutor presents a completed investigation and a formal charge. There are some requisites that allows the court to keep the accused remanded to jail. These include risk of residivism, risk of interfering with the investigation in a few ways, and risk of flight. In the case of A$AP Rocky, in part due to the fact that the rapper was booked for a tour and was due to leave Stockholm very soon, it was the third requisite that went into effect.

Now, there are clauses ensuring that a person cannot be remanded in jail for a length of time that would impose unproportional damage on the accused. However, a 4 week period from alleged crime to trial is a very quick process, so such a clause cannot come into effect here.

The maximum sentence for the crime A$AP Rocky is accused of is 2 years in prison. Scuttlebutt is that the prosecutor has very good evidence, and personally I think a guilty verdict is likely. That said, I very much doubt a maximum sentence, as that would not be praxis in a case such as this. I expect some form of probation combined with a fine and probably damages to be payed to the victim. Possibly, there could be a brief prison-sentence, with time served taken into account.

I'd like to know how people are talking about this in the US. Do you think Swedish authorities should bend to pressure and just let the guy go?


via International Skeptics Forum https://ift.tt/2Zcpc9S

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