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.
The June 23 vote represents a huge popular rebellion against a future in which British people feel increasingly crowded within—and even crowded out of—their own country.
I said goodnight to a gloomy party of Leave-minded Londoners a few minutes after midnight. The paper ballots were still being counted by hand. Only the British overseas territory of Gibraltar had reported final results. Yet the assumption of a Remain victory filled the room—and depressed my hosts. One important journalist had received a detailed briefing earlier that evening of the results of the government’s exit polling: 57 percent for Remain.
The polling industry will be one victim of the Brexit vote. A few days before the vote, I met with a pollster who had departed from the cheap and dirty methods of his peers to perform a much more costly survey for a major financial firm. His results showed a comfortable margin for Remain. Ten days later, anyone who heeded his expensive advice suffered the biggest percentage losses since the 2008 financial crisis.
In the early 19th century, a series of massive quakes rocked Missouri. Some experts predict that the state could be in for another round of violent shaking, while others warn that a big quake could strike elsewhere in the center of the continent.
As I drove across the I-40 bridge into Memphis, I was reassured: chances were slim that a massive earthquake would wrest the road from its supports, and plunge me more than a hundred feet into the murky Mississippi. Thanks to a recently completed $260 million seismic retrofit, the bridge—a chokepoint for traffic in the central U.S.—is now fortified. It’s also decked out with strong-motion accelerometers and bookended by borehole seismometers to record convulsions in the earth.
The bridge passes a glass colossus, the Memphis Pyramid. Originally built as a nod to the city’s Old Kingdom namesake, the pyramid now enshrines a Bass Pro Shops megastore. The city recently spent $25 million to prevent the pyramid from being swallowed, perhaps by Geb, the ancient Egyptian god of earthquakes. Further downtown, AutoZone’s corporate headquarters also stands ready for a tectonic throttling, propped up as it is on top of giant shock absorbers, while, the nearby Memphis VA is similarly inured to temblors after the city spent $64 million dollars removing nine floors of the hospital to reduce the risk of collapse in a catastrophic earthquake.
The U.K.’s vote to leave the European Union betrays a failure of empathy and imagination among its leaders. Will America’s political establishment fare any better?
If there is a regnant consensus among the men and women who steer the Western world, it is this: The globe is flattening. Borders are crumbling. Identities are fluid. Commerce and communications form the warp and woof, weaving nations into the tight fabric of a global economy. People are free to pursue opportunity, enriching their new homes culturally and economically. There may be painful dislocations along the way, but the benefits of globalization heavily outweigh its costs. And those who cannot see this, those who would resist it, those who would undo it—they are ignorant of their own interests, bigoted, xenophobic, and backward.
So entrenched is this consensus that, for decades, in most Western democracies, few mainstream political parties have thought to challenge it. They have left it to the politicians on the margins of the left and the right to give voice to such sentiments—and voicing such sentiments relegated politicians to the margins of political life.
Are the referendum results binding? How long will it take Britain to get out? What happens to the rest of Europe?
First, are the results really binding?
For the pro-“remain” side, this may be more wishful thinking than anything—given the scale of the “leave” victory—but, in theory at least, the referendum’s results are not binding. That’s because, in the U.K., it is Parliament that is sovereign. Referenda themselves are rare in the country—and Thursday’s was only the third in U.K. history.
The relevant legislation did not provide for the referendum result to have any formal trigger effect. The referendum is advisory rather than mandatory. The 2011 referendum on electoral reform did have an obligation on the government to legislate in the event of a “yes” vote (the vote was “no” so this did not matter). But no such provision was included in the EU referendum legislation.
What happens next in the event of a vote to leave is therefore a matter of politics not law. It will come down to what is politically expedient and practicable. The UK government could seek to ignore such a vote; to explain it away and characterise it in terms that it has no credibility or binding effect (low turnout may be such an excuse). Or they could say it is now a matter for parliament, and then endeavour to win the parliamentary vote. Or ministers could try to re-negotiate another deal and put that to another referendum. There is, after all, a tradition of EU member states repeating referendums on EU-related matters until voters eventually vote the “right” way.
It happened gradually—and until the U.S. figures out how to treat the problem, it will only get worse.
It’s 2020, four years from now. The campaign is under way to succeed the president, who is retiring after a single wretched term. Voters are angrier than ever—at politicians, at compromisers, at the establishment. Congress and the White House seem incapable of working together on anything, even when their interests align. With lawmaking at a standstill, the president’s use of executive orders and regulatory discretion has reached a level that Congress views as dictatorial—not that Congress can do anything about it, except file lawsuits that the divided Supreme Court, its three vacancies unfilled, has been unable to resolve.
On Capitol Hill, Speaker Paul Ryan resigned after proving unable to pass a budget, or much else. The House burned through two more speakers and one “acting” speaker, a job invented following four speakerless months. The Senate, meanwhile, is tied in knots by wannabe presidents and aspiring talk-show hosts, who use the chamber as a social-media platform to build their brands by obstructing—well, everything. The Defense Department is among hundreds of agencies that have not been reauthorized, the government has shut down three times, and, yes, it finally happened: The United States briefly defaulted on the national debt, precipitating a market collapse and an economic downturn. No one wanted that outcome, but no one was able to prevent it.
In the book, Leonard took issue with the notion that China or India could soon eclipse America as a world power. “Those countries suffer from the same problems as the United States: they are large, nationalistic nation states in an era of globalisation,” he wrote. “The European Union is leading a revolutionary transformation of the nature of power that in just 50 years has transformed a continent from total war to perpetual peace. By building a network of power—that binds states together with a market, common institutions, and international law—rather than a hierarchical nation-state, it is increasingly writing the rules for the 21st Century.”
The regulations and trade negotiations will be a nightmare to sort out, but the scariest part right now is the uncertainty.
Great Britain’s decision to extricate itself from the EU has consequences that are at once far-reaching and unknown. By Friday morning, no market was immune. Great Britain’s currency, the pound, had fallen to its lowest levels since 1985, and the FTSE (an index of the London stock exchange) and DAX (a German stock index) plummeted. In the U.S., markets opened in the red, gold (a commodity that many investors flee to at times of uncertainty) was up, and traders around the globe prepared for a volatile day amid the question of what the future will look like with the U.K. untethered from the European Union.
The health of an economy is significantly influenced by the policies and regulations that govern its financial systems. But the problem here goes far beyond a change in regulations: The bottom line is that no one really knows what will happen in either Great Britain or the EU—and that is in and of itself an economic problem. Markets don’t respond well to uncertainty. It’s understandable, then, that Great Britain’s historic move to shed its formal integration with Europe after almost six decades and the resignation of its prime minister all at one time would send markets into a bit of a frenzy.
For the first time, the Republican nominee’s operation shows real signs of changing course. But can changing the campaign change the candidate?
NEW YORK—On Wednesday, Donald Trump gave, by his standards, a restrained and subtle speech.
True, the Republican candidate referred to his opponent, Hillary Clinton, as “a world-class liar,” “maybe the most corrupt person ever to seek the presidency,” and someone whose “decisions spread death, destruction, and terrorism everywhere.” And yes, the speech was full of lies and half-truths. Yet Wednesday’s speech, delivered at an upscale hotel the candidate owns in New York’s SoHo neighborhood, was nonetheless the most focused and cohesive address he has yet given, one that laid out a cogent populist argument without resorting to overt racism or long insult-comedy riffs.
Such is the bar for Trump that this represents progress. But if the Great Trump Pivot is finally happening—his makeover into a normal and presentable general-election candidate, much anticipated but never delivered in the seven weeks since he became the Republican nominee—well, the political establishment will believe it when they see it.
The Blake Lively vehicle, the harrowing tale of a surfer stalked by an angry cartilaginous fish, jumps the … yeah.
In July of 1945, during the final weeks of World War II, the USS Indianapolis was struck by a Japanese torpedo. The ship sank, leaving the survivors of the explosion—some 900 men—to float, helplessly, in the Pacific. The crew sent SOS signals; help never came. What did come, however, were sharks, specifically oceanic whitetips, and the creatures proceeded to pick off the survivors one by one. The ordeal lasted for four days. Only 317 men would emerge alive from what remains “the worst shark attack in history.”
News of the horror that had befallen the crew of the Indianapolis contributed to a national anxiety that remains with us, and that has been both channeled and exacerbated by pop culture. Deep Blue Sea,Kon-Tiki, Dinoshark,Soul Surfer,Sharknados 1-3 (with the fourth installment, Sharknado 4: The 4th Awakens, planned for release in late July), and the many, many other films in the Jaws genre … all of them summon the fear that sharks are not just predators, but also—much more than other powerful animals manage to be—monsters. Call it, if you want (though you probably shouldn’t), fin-ema.