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.
Though it wasn’t pretty, Minaj was really teaching a lesson in civility.
Nicki Minaj didn’t, in the end, say much to Miley Cyrus at all. If you only read the comments that lit up the Internet at last night’s MTV Video Music Awards, you might think she was kidding, or got cut off, when she “called out” the former Disney star who was hosting: “And now, back to this bitch that had a lot to say about me the other day in the press. Miley, what’s good?”
To summarize: When Minaj’s “Anaconda” won the award for Best Hip-Hop Video, she took to the stage in a slow shuffle, shook her booty with presenter Rebel Wilson, and then gave an acceptance speech in which she switched vocal personas as amusingly as she does in her best raps—street-preacher-like when telling women “don’t you be out here depending on these little snotty-nosed boys”; sweetness and light when thanking her fans and pastor. Then a wave of nausea seemed to come over her, and she turned her gaze toward Cyrus. To me, the look on her face, not the words that she said, was the news of the night:
In the name of emotional well-being, college students are increasingly demanding protection from words and ideas they don’t like. Here’s why that’s disastrous for education—and mental health.
Something strange is happening at America’s colleges and universities. A movement is arising, undirected and driven largely by students, to scrub campuses clean of words, ideas, and subjects that might cause discomfort or give offense. Last December, Jeannie Suk wrote in an online article for The New Yorker about law students asking her fellow professors at Harvard not to teach rape law—or, in one case, even use the word violate (as in “that violates the law”) lest it cause students distress. In February, Laura Kipnis, a professor at Northwestern University, wrote an essay in The Chronicle of Higher Education describing a new campus politics of sexual paranoia—and was then subjected to a long investigation after students who were offended by the article and by a tweet she’d sent filed Title IX complaints against her. In June, a professor protecting himself with a pseudonym wrote an essay for Vox describing how gingerly he now has to teach. “I’m a Liberal Professor, and My Liberal Students Terrify Me,” the headline said. A number of popular comedians, including Chris Rock, have stopped performing on college campuses (see Caitlin Flanagan’s article in this month’s issue). Jerry Seinfeld and Bill Maher have publicly condemned the oversensitivity of college students, saying too many of them can’t take a joke.
After calling his intellectual opponents treasonous, and allegedly exaggerating his credentials, a controversial law professor resigns from the United States Military Academy.
On Monday, West Point law professor William C. Bradford resigned after The Guardianreported that he had allegedly inflated his academic credentials. Bradford made headlines last week, when the editors of the National Security Law Journaldenounced a controversial article by him in their own summer issue:
As the incoming Editorial Board, we want to address concerns regarding Mr. Bradford’s contention that some scholars in legal academia could be considered as constituting a fifth column in the war against terror; his interpretation is that those scholars could be targeted as unlawful combatants. The substance of Mr. Bradford’s article cannot fairly be considered apart from the egregious breach of professional decorum that it exhibits. We cannot “unpublish” it, of course, but we can and do acknowledge that the article was not presentable for publication when we published it, and that we therefore repudiate it with sincere apologies to our readers.
Accusations of terrorism are a window into how the Turkish government tries to intimidate reporters, but also how a media bad boy is maturing.
Under Recep Tayyip Erdogan’s presidency, Turkish journalists have increasingly been badgered, intimidated, threatened, and punished. Now, however, the Turkish government is going after two foreign journalists.
It’s not difficult to see why the Turkish government might not want journalists in the area. Kurdish fighters, some backed by the U.S., have been battling ISIS in Iraq for months. While Turkey opposes ISIS, it’s also terrified of emboldened Kurds pushing for an autonomous state in the region. For decades, Ankara has fought a protracted war against Kurdish guerrilla groups in southeastern Turkey. After long trying to avoid being drawn into the conflict against ISIS, Turkey, a U.S. ally, has begun to take action, but it’s fighting against both ISIS and the Kurds, a strange case where, for the Turkish government, the enemy of my enemy might still be my enemy.
The use of a stick to hold a camera at a distance for a self-portrait is not a new phenomenon, but the popularity of the new breed of extendable selfie stick has exploded over the past two years.
The use of a stick to hold a camera at a distance for a self-portrait is not a new phenomenon, but the popularity of the new breed of extendable selfie stick has exploded over the past two years. Multiple companies are producing varied versions of the device, tailored mostly to smartphone users. These sometimes-unwieldy extenders have been labeled as nuisances by some, especially in crowded public spaces, and have been banned in many museums, stadiums, and theme parks. Collected here are recent images of selfie sticks in use around the world, from high in the sky above China to the shores of Greece and beyond.
Thicker ink, fewer smudges, and more strained hands: an Object Lesson
Recently, Bic launched acampaign to “save handwriting.” Named “Fight for Your Write,” it includes a pledge to “encourage the act of handwriting” in the pledge-taker’s home and community, and emphasizes putting more of the company’s ballpoints into classrooms.
As a teacher, I couldn’t help but wonder how anyone could think there’s a shortage. I find ballpoint pens all over the place: on classroom floors, behind desks. Dozens of castaways collect in cups on every teacher’s desk. They’re so ubiquitous that the word “ballpoint” is rarely used; they’re just “pens.” But despite its popularity, the ballpoint pen is relatively new in the history of handwriting, and its influence on popular handwriting is more complicated than the Bic campaign would imply.
The neurologist leaves behind a body of work that reveals a lifetime of asking difficult questions with empathy.
Oliver Sacks always seemed propelled by joyful curiosity. The neurologist’s writing is infused with this quality—equal parts buoyancy and diligence, the exuberant asking of difficult questions.
More specifically, Sacks had a fascination with ways of seeing and hearing and thinking. Which is another way of exploring experiences of living. He focused on modes of perception that are delightful not only because they are subjective, but precisely because they are very often faulty.
To say Sacks had a gift for this method of exploration is an understatement. He was a master at connecting curiosity to observation, and observation to emotion. Sacks died on Sunday after receiving a terminal cancer diagnosis earlier this year. He was 82.
Many educators are introducing meditation into the classroom as a means of improving kids’ attention and emotional regulation.
A five-minute walk from the rickety, raised track that carries the 5 train through the Bronx, the English teacher Argos Gonzalez balanced a rounded metal bowl on an outstretched palm. His class—a mix of black and Hispanic students in their late teens, most of whom live in one of the poorest districts in New York City—by now were used to the sight of this unusual object: a Tibetan meditation bell.
“Today we’re going to talk about mindfulness of emotion,” Gonzalez said with a hint of a Venezuelan accent. “You guys remember what mindfulness is?” Met with quiet stares, Gonzalez gestured to one of the posters pasted at the back of the classroom, where the students a few weeks earlier had brainstormed terms describing the meaning of “mindfulness.” There were some tentative mumblings: “being focused,” “being aware of our surroundings.”
The Islamic State is no mere collection of psychopaths. It is a religious group with carefully considered beliefs, among them that it is a key agent of the coming apocalypse. Here’s what that means for its strategy—and for how to stop it.
What is the Islamic State?
Where did it come from, and what are its intentions? The simplicity of these questions can be deceiving, and few Western leaders seem to know the answers. In December, The New York Times published confidential comments by Major General Michael K. Nagata, the Special Operations commander for the United States in the Middle East, admitting that he had hardly begun figuring out the Islamic State’s appeal. “We have not defeated the idea,” he said. “We do not even understand the idea.” In the past year, President Obama has referred to the Islamic State, variously, as “not Islamic” and as al-Qaeda’s “jayvee team,” statements that reflected confusion about the group, and may have contributed to significant strategic errors.
Can the sleek F-35 match the rugged dependability of the aging A-10? The Pentagon plans to find out.
If you’re the Pentagon, how do you choose between an aging, but dependable, fighter jet and a brand new aircraft that you’re not quite sure is up to the job? You have them fight it out, naturally.
That’s essentially what the Air Force said it would do when it announced that starting in 2018, it would pit the A-10 “Warthog” against the F-35 Joint Strike Fighter in a series of tests to see if the new F-35s can adequately replace the A-10s, which the military wants to retire. A 40-year-old platform, the A-10 has been described by Martin Dempsey, the joint chiefs chairman, as “the ugliest, most beautiful aircraft on the planet.” It may be old, but as a certain Irish actor would say, it has a very particular set of skills: The A-10 excels at providing what’s known as “close-air support,” flying low and slow to provide ideal cover protection for U.S. troops fighting in ground combat. That capability is prized not only by the military, but also by a pair of key Republican lawmakers who oversee its budget, Senators John McCain and Kelly Ayotte.