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.
After a year of uncertainty and unhappiness, the president is reportedly feeling more comfortable—but has he really mastered the job?
It was a fun weekend for Donald Trump. Late on Friday, Attorney General Jeff Sessions fired Andrew McCabe, the outgoing FBI deputy director whom Trump had long targeted, and the president spent the rest of the weekend taking victory laps: cheering McCabe’s departure, taking shots at his former boss and mentor James Comey, and renewing his barrage against Special Counsel Robert Mueller.
Trump’s moods shift quickly, but over the last week or so, a different overarching feel has manifested itself, a meta-mood. Although he remains irritated by Mueller and any number of other things, Trump seems to be relishing the latest sound of chaos, “leaning into the maelstrom,” as McKay Coppins put it Friday. This is rooted, Maggie Haberman reports, in a growing confidence on the president’s part: “A dozen people close to Mr. Trump or the White House, including current and former aides and longtime friends, described him as newly emboldened to say what he really feels and to ignore the cautions of those around him.”
Fifteen years after the U.S. invasion, there’s no satisfying answer to the question: What were we doing in Iraq anyway?
One morning in October 2003, I was shaken out of bed by an explosion. I was in Baghdad, leading a platoon of Army Rangers as part of a special operations task force that was hunting down the famous “deck of cards”—the last of the Ba’ath Regime loyalists, and Saddam himself.
Because we did all of our work at night, I had only been sleeping for a few hours. When I first felt the explosion, I rolled out of bed, grabbed my M4 carbine, and ran out of the house we were living in on the southern tip of Baghdad’s so-called Green Zone. Improbably, my giant grizzly bear of a platoon sergeant remained asleep, snoring away in the cot next to mine.
When I got outside, I was initially blinded by the sunlight, but eventually I could see the al-Rashid Hotel, where visiting dignitaries often stayed, smoking in the distance. It had been struck by some kind of rocket. The only other person awake, meanwhile, was one of my Rangers, who was on the porch of our house with a cup of coffee in one hand and a Marlboro Red in the other. He looked me up and down. I was wearing my underwear, flip-flops, and carrying my carbine in one hand and my body armor in the other.
Invented centuries ago in France, the bidet has never taken off in the States. That might be changing.
“It’s been completely Americanized!” my host declares proudly. “The bidet is gone!” In my time as a travel editor, this scenario has become common when touring improvements to hotels and resorts around the world. My heart sinks when I hear it. To me, this doesn’t feel like progress, but prejudice.
Americans seem especially baffled by these basins. Even seasoned American travelers are unsure of their purpose: One globe-trotter asked me, “Why do the bathrooms in this hotel have both toilets and urinals?” And even if they understand the bidet’s function, Americans often fail to see its appeal. Attempts to popularize the bidet in the United States have failed before, but recent efforts continue—and perhaps they might even succeed in bringing this Old World device to new backsides.
How evangelicals, once culturally confident, became an anxious minority seeking political protection from the least traditionally religious president in living memory
One of the most extraordinary things about our current politics—really, one of the most extraordinary developments of recent political history—is the loyal adherence of religious conservatives to Donald Trump. The president won four-fifths of the votes of white evangelical Christians. This was a higher level of support than either Ronald Reagan or George W. Bush, an outspoken evangelical himself, ever received.
Trump’s background and beliefs could hardly be more incompatible with traditional Christian models of life and leadership. Trump’s past political stances (he once supported the right to partial-birth abortion), his character (he has bragged about sexually assaulting women), and even his language (he introduced the words pussy and shithole into presidential discourse) would more naturally lead religious conservatives toward exorcism than alliance. This is a man who has cruelly publicized his infidelities, made disturbing sexual comments about his elder daughter, and boasted about the size of his penis on the debate stage. His lawyer reportedly arranged a $130,000 payment to a porn star to dissuade her from disclosing an alleged affair. Yet religious conservatives who once blanched at PG-13 public standards now yawn at such NC-17 maneuvers. We are a long way from The Book of Virtues.
A new six-part Netflix documentary is a stunning dive into a utopian religious community in Oregon that descended into darkness.
To describe Wild Wild Country as jaw-dropping is to understate the number of times my mouth gaped while watching the series, a six-part Netflix documentary about a religious community in Oregon in the 1980s. It’s ostensibly the story of how a group led by the dynamic Bhagwan Shree Rajneesh purchased 64,000 acres of land in central Oregon in a bid to build its own utopian city. But, as the series immediately reveals, the narrative becomes darker and stranger than you might ever imagine. It’s a tale that mines the weirdness of the counterculture in the ’70s and ’80s, the age-old conflict between rural Americans and free love–preaching cityfolk, and the emotional vacuum that compels people to interpret a bearded mystic as something akin to a god.
It said The Atlantic’s footage, which captured alt-right members giving Nazi salutes, was “borderline content” under its hate-speech policy. It restored the video after being questioned on Monday.
Less than two weeks after the 2016 election, a prominent alt-right leader addressed more than 200 people gathered at the Ronald Reagan Building in Washington, D.C. Millions of people would come to know what happened next.
“Hail Trump, hail our people, hail victory!” said the leader, Richard B. Spencer.
Attendees in the room replied with shouts, applause, and Nazi salutes. The speech closed the annual conference of the National Policy Institute, which describes itself as “dedicated to the heritage, identity, and future of people of European descent in the United States, and around the world.”
The moment was captured on video by Daniel Lombroso, a journalist at The Atlantic. In the days after the speech, Lomboro’s footage of Spencer’s declaration—and the Nazi salutes that followed—would be viewed more than 50 million times on Facebook and YouTube. It was also broadcast on dozens of television networks.
The strange, cosmic reason our evolutionary path will look ever luckier the longer we survive
It was hard times for the bomber pilots that floated over Europe, their planes incinerating cities below, like birds of prey. Even as they turned the once-bustling streets beneath to howling firestorms, death had become a close companion to the crews of the Allied bombers as well. In fact, surviving a tour with the Bomber Command had become a virtual coin flip. While their munitions fell mutely from bomb bays, an upward sleet of fire from smoldering city grids and darkened farmland shot the planes out of the sky like clay pigeons. For recruits encountering the freshly empty bunk beds of dead airmen, morale was sapped before they could even get in the cockpit. Hoping to slow this attrition, Allied officers studied the pattern of bullet holes in returning aircraft for vulnerable parts to reinforce with armor.
Among the more practical advice that can be offered to international travelers is wisdom of the bathroom. So let me say, as someone who recently returned from China, that you should be prepared to one, carry your own toilet paper and two, practice your squat.
I do not mean those goofy chairless sits you see at the gym. No, toned glutes will not save you here. I mean the deep squat, where you plop your butt down as far as it can go while staying aloft and balanced on the heels. This position—in contrast to deep squatting on your toes as most Americans naturally attempt instead—is so stable that people in China can hold it for minutes and perhaps even hours ...