Norway's gentler criminal system uses something called "restorative justice," which appears to be potentially better at reducing crime than our own, but at a real cost.
Anders Breivik waits in his Oslo courtroom. (AP)
As an American, or maybe just as a moral human being, it's hard not to feel appalled, even outraged, that Norwegian far-right monster Anders Breivik only received 21 years in prison for his attacks last year, including a bombing in Oslo and a cold-blooded shooting spree, which claimed 77 lives. That's just under 100 days per murder. The decision, reached by the court's five-member panel, was unanimous. He will serve out his years (which can be extended) in a three-room cell with a TV, exercise room, and "Ikea-style furniture." The New York Timesquoted a handful of survivors and victims' relatives expressing relief and satisfaction at the verdict. It's not a scientific survey, but it's still jarring to see Norwegians welcoming this light sentence.
Norway's criminal justice system is, obviously, quite distinct from that of, say, the U.S.; 21 years is the maximum sentence for anything less severe than war crimes or genocide. Still, it's more than that: the entire philosophy underpinning their system is radically different. I don't have an answer for which is better. I doubt anyone does. But Americans' shocked response to the Breivik sentence hints at not just how different the two systems are, but how deeply we may have come to internalize our understanding of justice, which, whatever its merits, doesn't seem to be as universally applied as we might think.
The American justice system, like most of those in at least the Western world, is built on an idea called retributive justice. In very simplified terms (sorry, I'm not a legal scholar), it defines justice as appropriately punishing someone for an act that's harmful to society. Our system does include other ideas: incapacitating a criminal from committing other crimes, rehabilitating criminals to rejoin society, and deterring other potential criminals. At its foundation, though, retributive justice is about enforcing both rule of law and more abstract ideas of fairness and morality. Crimes are measured by their damage to society, and it's society that, working through the court system, metes out in-turn punishment. Justice is treated as valuable and important in itself, not just for its deterrence or incapacitative effects. In a retributive system, the punishment fits the crime, and 21 years in a three-room cell doesn't come close to fitting Breivik's 77 premeditated murders.
Norway doesn't work that way. Although Breivik will likely be in prison permanently -- his sentence can be extended -- 21 years really is the norm even for very violent crimes. The much-studied Norwegian system is built on something called restorative justice. Proponents of this system might argue that it emphasizes healing: for the victims, for the society, and, yes, for the criminal him or herself. Sounds straightforward enough, but you might notice that there's nothing in there about necessarily punishing the criminal, and in fact even takes his or her needs into account.
"Restorative justice thus begins with a concern for victims and how to meet their needs, for repairing the harm as much as possible, both concretely and symbolically," explains a 1997 academic article, by a scholar of restorative justice named Howard Zehr, extolling the systems' virtues. In the Breivik trial, this meant giving every victim (survivors as well as the families of those killed) a direct voice. Victims were individually represented by 174 court-appointed lawyers. The court heard 77 autopsy reports, 77 descriptions of how Breivik had killed them, and 77 minute-long biographies "voicing his or her unfulfilled ambitions and dreams." In an American-style retributive system, the trial is primarily about hearing and evaluating the case against the criminal. Norway does this too, but it also includes this restorative tool of giving space to victims, not as evidence, but to make the trial a forum for those victims to heal and to confront the man who'd harmed them. The trial itself is about more than just proving or disproving guilt, but about exorcising the victims' suffering.
What about the criminal? Of course, Norway is locking Breivik away in part to keep him safely cordoned off from society. Beyond that, the restorative "model encourages offenders to understand the consequences of their actions or to empathize with victims," Zehr explains. That begins with the trial, where he or she is encouraged to grapple with the wrongness of their actions; Breivik gave no sign of doing this, a remorseless, fist-pumping neo-Nazi to the very end. The process continues during the incarceration, which is treated less as a form of punishment than as a sort of state-imposed rehabilitation. It's not a categorial difference from the American model, which includes a number of rehab and therapeutic offerings, but, with Breivik about to enjoy some not insignificant creature comforts in his three-room cell, the emphasis is clearly distinct.
The pleasant-sounding experience of being in Norwegian prison isn't some sign of Scandinavian weakness or naïveté; it's precisely the point. A comfortable cell, clean and relaxing environment, and nice daily activities such as cooking classes are all meant to prepare the criminal for potentially difficult or painful internal reformation. Incarceration, in this thinking, is the treatment for whatever social or psychological disease led them to transgress. The criminals are not primarily wrongdoers to be punished, but broken people to be fixed.
In an ideal restorative trial, the criminal will not just be passively punished for his or her crime, but actively take "responsibility for making things right with victims and the community as far as possible," as Zehr puts it. This "restitution" can include "money and services, to victims and the community." But that's just an ideal, and Zehr acknowledges that "society rarely achieves justice that is fully restorative." It's hard to imagine Breivik ever getting to this point (experts expect his sentence to be extended indefinitely), though others do, and he will be joining a prison system designed for those to-be-reformed.
Here's the tough thing about restorative justice: it works, as long as you don't consider retribution to be its own inherent good. Despite the lighter sentences, restorative justice systems seem to reduce crime, reduce the cost of imprisoning criminals, and reduce recidivism. There's no comparative data on which system better satisfies victims, but survivors and family members at the Breivik trial, at least, spent days of court time listening to, crying over, and applauding one another's stories. And this approach isn't just for well-off Scandinavian societies; Saudi Arabia has claimed considerable success applying the restorative models to terrorists and violent extremists.
But, even if we accept all of the data suggesting that society as a whole is better off under a Norwegian-style restorative model, those numbers don't account for the more abstract, difficult-to-define sense of justice as its own inherent good. Whatever you feel when you read about a criminal going free, see a wrongdoer get away with it, or hear that a mass murderer got sentenced to only 21 years, those emotions might be rooted in a basic human need for justice and fairness. A 2003 Princeton psychological study, for example, isolated a feeling of "moral outrage felt by those who witness transgressions." A German study from last year found that people who believe they've witnessed injustice become less happy, as if living in a just society were an intrinsic emotional need.
Norwegian-style restorative justice subverts those human desires for justice and fairness, which does seem to have found success in reducing crime's cost to society. Proponents, such as University of Oslo professor Thomas Mathiesen, say it's better for society overall because it isn't about "revenge, but sober, dignified treatment." But is the retributive-style need for justice and fairness really only about "revenge," or is it something more important than that? The retributive approach absolutely has its pitfalls -- the American system's heavy emphasis on punishment has a history of leading it to horrific excess and abuse -- but at least it's meant to be just. I don't know how you balance that against the overall social good, which Norway's gentler system seems to have found success in promoting, but the vastly different philosophies undergirding the two systems are a reminder that, even if right and wrong are universal, how society treats them is not.
Ordinary Americans will be able to submit—and vote on—questions to be considered when the candidates meet again.
Viewers unhappy with the questions asked at Monday night’s debate will have a shot to weigh in before Donald Trump and Hillary Clinton meet again on October 9: For the first time, the networks producing the town-hall style debate have agreed to accept questions voted on through the internet.
The Commission on Presidential Debates had already announced that the second of three debates would feature questions submitted online in addition to those asked by the traditional studio audience. But on Tuesday morning, the organizers confirmed they are embracing a format that a broad bipartisan cross-section of activist and civic groups known as the Open Debate Coalition have been pushing for years. Americans will be able to submit and then vote on questions online at PresidentialOpenQuestions.com, and ABC and CNN have agreed to consider the 30 most popular queries when they jointly plan the debate.
Conservatives have put families and communities at the center of their conception of a better America—but they’re notably absent from the Republican nominee’s account.
Again and again at Monday night’s debate, Hillary Clinton attacked Donald Trump’s record in business. She accused him of caring only about himself. Again and again, he pleaded guilty.
When Clinton quoted Trump as cheering for a housing crisis, Trump responded, “That’s called business.” When Clinton accused Trump of not paying taxes, Trump answered, “That makes me smart.” When Clinton attacked Trump for declaring bankruptcy to avoid paying the people he owed, Trump replied, “I take advantage of the laws of the nation because I’m running a company.” Clinton set out to paint Trump as selfish and unethical. Trump basically conceded the charge.
Commentators are declaring Trump’s answers a tactical mistake. But they’re more than that. They show how unmoored he is from conservatism’s conception of America.
The belief in a common purpose that long defined America’s civil religion was strikingly absent on Monday night.
Civil religion died on Monday night.
For more than 90 minutes, two presidential candidates traded charges on stage. The bitterness and solipsism of their debate offered an unnerving glimpse of American politics in a post-Christian age, devoid of the framework that has long bound the nation together.
Hillary Clinton may have offered little sense of humility, of obligation, of responsibility in Hempstead, but it was Donald Trump who directly rejected those virtues, reframing them instead as vices. He painted altruism as a sucker’s game, and left sacrifice for the losers. It was a performance that made clear one broader meaning of his candidacy—the eclipse of the values that long defined America.
In a unique, home-spun experiment, researchers found that centripetal force could help people pass kidney stones—before they become a serious health-care cost.
East Lansing, Michigan, becomes a ghost town during spring break. Families head south, often to the theme parks in Orlando. A week later, the Midwesterners return sunburned and bereft of disposable income, and, urological surgeon David Wartinger noticed, some also come home with fewer kidney stones.
Wartinger is a professor emeritus at Michigan State, where he has dealt for decades with the scourge of kidney stones, which affect around one in 10 people at some point in life. Most are small, and they pass through us without issue. But many linger in our kidneys and grow, sending hundreds of thousands of people to emergency rooms and costing around $3.8 billion every year in treatment and extraction. The pain of passing a larger stone is often compared to child birth.
If this were Clinton, wild speculation would abound.
At the first presidential debate last night, Donald Trump sniffed audibly several times.
Here is a compilation, composed by some patient people at Slate:
Some consider this “breathing.” Others hear something more.
Over the course of this election cycle, pundits have breached all standards with regard to conjecture about the bodies of the candidates and their functionality. Some took Hillary Clinton’s coughing fit as proof of imminent peril. A Florida anesthesiologist got millions of YouTube views for claiming to have used “CIA techniques” to diagnose her with “advanced neurodegenerative disease.”
Donald Trump himself has said that Clinton “lacks the mental and physical stamina to take on ISIS.” As she worked despite pneumonia, he said with an eyebrow raised, “something’s going on.”
For decades, the candidate has willfully inflicted pain and humiliation.
Donald J. Trump has a cruel streak. He willfully causes pain and distress to others. And he repeats this public behavior so frequently that it’s fair to call it a character trait. Any single example would be off-putting but forgivable. Being shown many examples across many years should make any decent person recoil in disgust.
Judge for yourself if these examples qualify.
* * *
In national politics, harsh attacks are to be expected. I certainly don’t fault Trump for calling Hillary Clinton dishonest, or wrongheaded, or possessed of bad judgment, even if it’s a jarring departure from the glowing compliments that he used to pay her.
But even in a realm where the harshest critiques are part of the civic process, Trump crossed a line this week when he declared his intention to invite Gennifer Flowers to today’s presidential debate. What kind of man invites a husband’s former mistress to an event to taunt his wife? Trump managed to launch an attack that couldn’t be less relevant to his opponent’s qualifications or more personally cruel. His campaign and his running-mate later said that it was all a big joke. No matter. Whether in earnest or in jest, Trump showed his tendency to humiliate others.
In North Carolina, the Democratic candidate basked in her debate victory. As for her supporters, they’re feeling better, but they’re not ready to exhale.
RALEIGH, N.C.— "Did anybody see that debate last night? Ooooh yes," Hillary Clinton said, her first words after striding confidently out on stage at Wake Technical Community College Tuesday afternoon.
As a capacity crowd cheered, she added, "One down, two to go."
Celebration and relief added to the thick humidity of late summerat Clinton’s event inNorth Carolina. Post-debate analysis is in that awkward in-between state, after the pundits have rendered their verdicts and before high-quality polling has measured the nation’s response. But the Democratic nominee seemed sure that she was the victor.
It was Clinton’s first event after the first presidential debate Monday evening in Hempstead, New York. One sign of her confidence coming out of that encounter: As I approached the rally, a man asked for a hand loading a heavy box into his car. He was the teleprompter man, he said, but when he arrived in Raleigh, he’d been told that Clinton had decided to do without the prompter. He was turning around and heading back to Washington, D.C.
The way people talk about the internet is, as with most things, imprecise. They say “literally” when they mean “figuratively." They say “the internet” when they mean “the web.” (The internet is the structural underpinning of the web, which is what you see when you’re clicking around online.)
And yet we’ve come a long way since the days of “surfing the net,” “the information superhighway,” and “cyberspace.” Most of us, anyway. Politicians, in particular, still have a knack for evoking 1990s web lingo when they find themselves commenting on modern information systems. (The recent congressional record is full of this kind of thing.)
“Cyberspace,” in particular, is an old-school favorite that people just can’t seem to shake—in large part because of the rise of concerns about “cybersecurity,” which has kept the “cyber” prefix in use. In the mid 1990s, the term “cyber” by itself was often a shorthand for “cybersex,” or explicit online chatting. The term “cyberspace,” though, is usually traced back to William Gibson’s 1984 novel Neuromancer, which describes a network of connected computers that creates a mass “consensual hallucination.” Before that, “cyber” goes back to Norbert Wiener’s epic writings on cybernetics in the 1940s.
The Democrat’s command and poise left her rival looking frustrated, peevish, and out of sorts.
Monday brought the first debate of the presidential season, but it often felt like two separate debates. One, from Hillary Clinton, was wonky, crisp, and polished; if not always inspiring, it was professional and careful. The other, from Donald Trump, was freewheeling, aggressive, and meandering, occasionally landing a hard blow but often substance-less and hard to follow. But the two debates intersected at times, sometimes raucously, as Trump repeatedly broke in to interrupt Clinton.
It was a commanding performance from the Democratic nominee. Clinton delivered a series of detailed answers on subjects ranging from race to the Middle East to tax policy. Meanwhile, she delivered a string of attacks on Trump, assailing him for stiffing contractors, refusing to release his tax returns, fomenting birtherism, and caricaturing black America. She stumbled only occasionally, but left few openings for Trump. She remained calm and often smiling as Trump repeatedly attacked her and interrupted her answers—doing it so often that moderator Lester Holt, often a spectral presence at the debate, finally cut in twice in short order to chide him. (Vox counted 40 instances; Clinton made some of her own interruptions, but fewer.) Clinton displayed a sort of swagger perhaps not seen since her hearing before Congress on Benghazi.
Donald J. Trump on why he hoped for the housing market to collapse
In 2006, two years before the crash that would destroy the livelihoods of millions of Americans, Donald J. Trump said he “sort of hope[d]” for that eventuality. He stood to make money.
Confronted by Hillary Clinton with that comment at Monday’s debate, Trump did nothing to disavow it. To the contrary, he defended it: “That’s called business, by the way,” he condescended.
Together these remarks showcase a callous indifference to other people’s hardships—an indifference that, my colleague Conor Friedersdorf writes, “may matter little for a Manhattan mogul, but matters very much for someone asking to be entrusted with representing every American.” No reasonable person who has followed along over these last few months could view such an attitude as an aberration. Rather, it fits in precisely with Trump’s long and documented history of putting himself first, even when it means demolishing those who are in his way. Here is a person, a person who may very well become the next president of the United States, who is seemingly unable to imagine what it’s like to be someone else.