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.
Russian billionaire Yuri Milner says if the space rock 'Oumuamua is giving off radio signals, his team will be able to detect them—and they may get the results within days.
The email about “a most peculiar object” in the solar system arrived in Yuri Milner’s inbox last week.
Milner, the Russian billionaire behind Breakthrough Listen, a $100 million search for intelligent extraterrestrial life, had already heard about the peculiar object. ‘Oumuamua barreled into view in October, the first interstellar object seen in our solar system.
Astronomers around the world chased after the mysterious space rock with their telescopes, collecting as much data as they could as it sped away. Their observations revealed a truly unusual object with puzzling properties. Scientists have long predicted an interstellar visitor would someday coast into our corner of the universe, but not something like this.
Russia's strongman president has many Americans convinced of his manipulative genius. He's really just a gambler who won big.
I. The Hack
The large, sunny room at Volgograd State University smelled like its contents: 45 college students, all but one of them male, hunched over keyboards, whispering and quietly clacking away among empty cans of Juicy energy drink. “It looks like they’re just picking at their screens, but the battle is intense,” Victor Minin said as we sat watching them.
Clustered in seven teams from universities across Russia, they were almost halfway into an eight-hour hacking competition, trying to solve forensic problems that ranged from identifying a computer virus’s origins to finding secret messages embedded in images. Minin was there to oversee the competition, called Capture the Flag, which had been put on by his organization, the Association of Chief Information Security Officers, or ARSIB in Russian. ARSIB runs Capture the Flag competitions at schools all over Russia, as well as massive, multiday hackathons in which one team defends its server as another team attacks it. In April, hundreds of young hackers participated in one of them.
Students don't seem to be getting much out of higher education.
I have been in school for more than 40 years. First preschool, kindergarten, elementary school, junior high, and high school. Then a bachelor’s degree at UC Berkeley, followed by a doctoral program at Princeton. The next step was what you could call my first “real” job—as an economics professor at George Mason University.
Thanks to tenure, I have a dream job for life. Personally, I have no reason to lash out at our system of higher education. Yet a lifetime of experience, plus a quarter century of reading and reflection, has convinced me that it is a big waste of time and money. When politicians vow to send more Americans to college, I can’t help gasping, “Why? You want us to waste even more?”
David Bentley Hart’s text recaptures the awkward, multivoiced power of the original.
In the beginning was … well, what? A clap of the divine hands and a poetic shock wave? Or an itchy node of nothingness inconceivably scratching itself into somethingness? In the beginning was the Word, says the Gospel according to John—a lovely statement of the case, as it’s always seemed to me. A pre-temporal syllable swelling to utterance in the mouth of the universe, spoken once and heard forever: God’s power chord, if you like. For David Bentley Hart, however, whose mind-bending translation of the New Testament was published in October, the Word—as a word—does not suffice: He finds it to be “a curiously bland and impenetrable designation” for the heady concept expressed in the original Greek of the Gospels as Logos. The Chinese word Tao might get at it, Hart tells us, but English has nothing with quite the metaphysical flavor of Logos, the particular sense of a formative moral energy diffusing itself, without diminution, through space and time. So he throws up his hands and leaves it where it is: “In the origin there was the Logos …”
As the Alabama Senate race enters its final days, Doug Jones is making an all out push—while his rival is nowhere to be seen.
MONTGOMERY, Ala.—The dramatic contrast between the two Senate campaigns in Alabama grew even more stark during the final weekend before Election Day.
Doug Jones, the Democratic candidate, is holding multiple events every day, taking questions from the press, and campaigning with other Democratic politicians. His opponent Roy Moore has all but disappeared. Dogged by controversy following allegations by nine women of sexual misconduct or abuse when they were teenagers, Moore has not appeared in public since last Tuesday, and isn’t scheduled to do so again before Monday. Reports suggest that he was in Philadelphia on Saturday watching the Army-Navy football game, and a Moore spokesperson told me that he attended a Christmas gathering with supporters and friends on Sunday evening—closed to the press.
The new and returning series that stood out the most
How to summarize television in 2017? While no descriptor captures the year’s diverse offerings, one word crops up more than any other: Netflix. The streaming service’s throw-content-at-the-wall-and-see-what-sticks strategy generated more than 1,000 hours of original TV and movies this year,and though plenty were duds, Netflix also seemed to spawn more critical hits than any other provider.
What this year might have lacked in offbeat ingenuity (Atlanta and Fleabag are scheduled to return next year), it made up for in star power, including an array of heavyweights from the film world. Jean-Marc Vallée. Reese Witherspoon. Nicole Kidman. Spike Lee. Sarah Polley. David Fincher. James Franco. Steven Soderbergh. Justin Simien. With seemingly endless resources on offer alongside almost total artistic freedom, it’s hard not to see still more creative talent being drawn toward TV in 2018 and beyond.
A conversation about inheritance, philanthropy, and aging with the philosopher Martha Nussbaum and the law professor Saul Levmore
What is the right way to age? It’s a question that isn’t explored enough in American society, where, seemingly, people are expected to be forever young, until, suddenly, they are not. Reflecting this binary, any writing about a long life’s final decades tends toward extremes. On one hand, there are the accounts of heroic men and women who still put in more than 40 hours a week on the job in their late 60s and early 70s (a genre I like to call “retirement porn”). On the other, there are the articles warning about the dangers of not adapting a home for aging bodies, or the plague of financial scammers targeting lonely or cognitively challenged seniors.
That leaves out a vast middle, the space where many older people actually, you know, live their lives. Luckily, Martha Nussbaum, the renowned philosopher and ethicist at the University of Chicago, and Saul Levmore, the former dean of and a current professor at the university’s law school, decided to explore that middle. The result? The recently published Aging Thoughtfully: Conversations About Retirement, Romance, Wrinkles, & Regret.
One person is in custody after Monday’s explosion. Three people suffered minor injuries.
Updated at 11:07 a.m. ET
A man wearing an improvised explosive device caused an explosion Monday in a New York subway tunnel near Times Square, authorities said. The state’s governor told New Yorkers what they already know: attacks like this one are inevitable in a city that is a permanent target for anti-American terrorists.
“This is New York,” Andrew Cuomo, the New York state governor, said Monday. “The reality is that we are a target by many who would like to make a statement against democracy, against freedom. We have the Statue of Liberty in our harbor, and that makes us an international target. We understand that.”
The blast occurred at about 7:20 a.m. in the passageway connecting the busy Times Square and Port Authority subway stations, officials said at a news conference. James O’Neill, the city’s police commissioner, identified the attacker as Akayed Ullah, 27, a resident of Brooklyn. Other news reports, citing unnamed police sources, said Ullah is an immigrant from Bangladesh who has lived in the U.S. for seven years. Ullah sustained serious injuries in the explosion, while three others in the vicinity of the blast had minor injuries, authorities said.
Will the vice president—and the religious right—be rewarded for their embrace of Donald Trump?
No man can serve two masters, the Bible teaches, but Mike Pence is giving it his all. It’s a sweltering September afternoon in Anderson, Indiana, and the vice president has returned to his home state to deliver the Good News of the Republicans’ recently unveiled tax plan. The visit is a big deal for Anderson, a fading manufacturing hub about 20 miles outside Muncie that hasn’t hosted a sitting president or vice president in 65 years—a fact noted by several warm-up speakers. To mark this historic civic occasion, the cavernous factory where the event is being held has been transformed. Idle machinery has been shoved to the perimeter to make room for risers and cameras and a gargantuan American flag, which—along with bleachers full of constituents carefully selected for their ethnic diversity and ability to stay awake during speeches about tax policy—will serve as the TV-ready backdrop for Pence’s remarks.
How filler words and tiny pauses keep conversations from going off the rails
When one person asks another a question, it takes an average of 200 milliseconds for them to respond. This is so fast that we can’t even hear the pause. In fact, it’s faster than our brains actually work. It takes the brain about half a second to retrieve the words to say something, which means that in conversation, one person is gearing up to speak before the other is even finished. By listening to the tone, grammar, and content of another’s speech, we can predict when they’ll be done.
This precise clockwork dance that happens when people speak to each other is what N.J. Enfield, a professor of linguistics at the University of Sydney, calls the “conversation machine.” In his book How We Talk, he examines how conversational minutiae—filler words like “um” and “mm-hmm,” and pauses that are longer than 200 milliseconds—grease the wheels of this machine. In fact, he argues, these little “traffic signals” to some degree define human communication. What all human languages have in common, and what sets our communication apart from animals, is our ability to use language to coordinate how we use language.