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.
They weren’t the first victims of a mass shooting the Florida radiologist had seen—but their wounds were radically different.
As I opened the CT scan last week to read the next case, I was baffled. The history simply read “gunshot wound.” I have been a radiologist in one of the busiest trauma centers in the nation for 13 years, and have diagnosed thousands of handgun injuries to the brain, lung, liver, spleen, bowel, and other vital organs. I thought that I knew all that I needed to know about gunshot wounds, but the specific pattern of injury on my computer screen was one that I had seen only once before.
In a typical handgun injury that I diagnose almost daily, a bullet leaves a laceration through an organ like the liver. To a radiologist, it appears as a linear, thin, grey bullet track through the organ. There may be bleeding and some bullet fragments.
For the past decade, Rick Gates was fiercely loyal to his risk-taking boss. Not anymore.
There should be no denying Paul Manafort’s fate. Special Counsel Robert Mueller’s list of charges keeps on swelling—a repeatedly amended compendium of malfeasance that is now so long and so pointillistic that it could be only defused by a world-historic prosecutorial gaffe. Despite this seeming comprehensiveness, each fresh filing in court contains a moment where the special prosecutor winks at his target, as if letting him know that he has only begun to bring the pain: a small display of how comprehensively he has surveilled Manafort and his minions; a further sampling of the evidence that could be sitting in his reserve stash.
Everyone understands Manafort’s fate, except apparently the man himself. Rather than cutting a deal—as his longtime deputy Rick Gates did yesterday—Manafort continues to cut a figure of defiance. He has, in essence, dismissed Gates as a weakling. And even as the bedraggled Gates turned against him, Manafort boasted in a statement that he would not be knocked from his stance: “This does not alter my commitment to defend myself against the untrue piled up charges contained in the indictments against me."
Many seniors are stuck with lives of never-ending work—a fate that could befall millions in the coming decades.
CORONA, Calif.—Roberta Gordon never thought she’d still be alive at age 76. She definitely didn’t think she’d still be working. But every Saturday, she goes down to the local grocery store and hands out samples, earning $50 a day, because she needs the money.
“I’m a working woman again,” she told me, in the common room of the senior apartment complex where she now lives, here in California’s Inland Empire. Gordon has worked dozens of odd jobs throughout her life—as a house cleaner, a home health aide, a telemarketer, a librarian, a fundraiser—but at many times in her life, she didn’t have a steady job that paid into Social Security. She didn’t receive a pension. And she definitely wasn’t making enough to put aside money for retirement.
Decades before he ran the Trump campaign, Paul Manafort’s pursuit of foreign cash and shady deals laid the groundwork for the corruption of Washington.
The clinic permitted Paul Manafort one 10-minute call each day. And each day, he would use it to ring his wife from Arizona, his voice often soaked in tears. “Apparently he sobs daily,” his daughter Andrea, then 29, texted a friend. During the spring of 2015, Manafort’s life had tipped into a deep trough. A few months earlier, he had intimated to his other daughter, Jessica, that suicide was a possibility. He would “be gone forever,” she texted Andrea.
His work, the source of the status he cherished, had taken a devastating turn. For nearly a decade, he had counted primarily on a single client, albeit an exceedingly lucrative one. He’d been the chief political strategist to the man who became the president of Ukraine, Viktor Yanukovych, with whom he’d developed a highly personal relationship.
The document, drafted by minority members of the House Intelligence Committee, sought to rebut claims that the bureau abused its power during the election.
The Republican charge that the FBI misled a secret surveillance court in order to spy on a former Trump campaign operative seemed to unravel on Saturday, when Democrats on the House Intelligence Committee revealed the exact wording that the bureau used when applying for the order in October 2016.
In a memo drafted by the intelligence committee’s Republicans in January and promptly declassified by the White House, the majority claimed that the FBI had misleadingly obscured the origins of a dossier written by former British intelligence officer Christopher Steele, some of whose research on Trump campaign adviser Carter Page was included in the bureau’s application for a warrant to surveil him. “Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the DNC, Clinton campaign, or any party/campaign in funding Steele's efforts, even though the political origins of the Steele dossier were then known to senior FBI officials,” the Republicans’ memo alleged.
By “camouflaging” their condition, many women on the spectrum learn to fit in—and risk psychological harm.
Except for her family and closest friends, no one in Jennifer’s various circles knows that she is on the spectrum. Jennifer was not diagnosed with autism until she was 45 years old—and then only because she wanted confirmation of what she had figured out for herself over the previous decade. Most of her life, she says, she evaded a diagnosis by forcing herself to stop doing things her parents and others found strange or unacceptable. (Because of the stigma associated with autism, Jennifer asked to be identified only by her first name.)
Over several weeks of emailing back and forth, Jennifer confides in me some of the tricks she uses to mask her autism—for example, staring at the spot between someone’s eyes instead of into their eyes, which makes her uncomfortable. But when we speak for the first time over video chat one Friday afternoon in January, I cannot pick up on any of these ploys.
The revolutionary ideals of Black Panther’s profound and complex villain have been twisted into a desire for hegemony.
The following article contains major spoilers.
Black Panther is a love letter to people of African descent all over the world. Its actors, its costume design, its music, and countless other facets of the film are drawn from all over the continent and its diaspora, in a science-fiction celebration of the imaginary country of Wakanda, a high-tech utopia that is a fictive manifestation of African potential unfettered by slavery and colonialism.
But it is first and foremost an African American love letter, and as such it is consumed with The Void, the psychic and cultural wound caused by the Trans-Atlantic slave trade, the loss of life, culture, language, and history that could never be restored. It is the attempt to penetrate The Void that brought us Alex Haley’s Roots, that draws thousands of African Americans across the ocean to visit West Africa every year, that left me crumpled on the rocks outside the Door of No Return at Gorée Island’s slave house as I stared out over a horizon that my ancestors might have traversed once and forever. Because all they have was lost to The Void, I can never know who they were, and neither can anyone else.
What’s the mail like from those who reject the need for new gun laws? Here are two samples. The first is — unfortunately, but realistically—representative in its tone and argumentative style of most of the dissenting messages that have arrived:
Roman dice were often visibly biased, but that might not have mattered to someone who believed in divine intervention.
Dice, in their standard six-sided form, seem like the simplest kind of device—almost a classic embodiment of chance. But a new study of more than 100 examples from the last 2,000 years or so unearthed in the Netherlands shows that they have not always looked exactly the way they do now. What’s more, the shifts in dice’s appearance may reflect people’s changing sense of what exactly is behind a roll—fate, or probability.
Dice have been found all over Europe, says Jelmer Eerkens, an archaeologist at the University of California at Davis, who led the study. They haven’t always been well documented, however; Eerkens measured and photographed almost twice as many dice as he and his coauthor ended up being able use in this study, bypassing those without clear dates. It’s evident that dice arrived in the Netherlands with the Romans in the first few centuries after the death of Christ. And in contrast with modern dice, they weren’t always exactly cubes. Sometimes they were noticeably a bit flatter than a true cube, or a bit longer, making them more likely to fall on some faces than on others.
They encourage profligate spending and help dictators burnish their prestige. Who needs them?
Other than fuel corruption, make countries spend pointlessly and profligately, inflame nationalist sentiment, act as onanistic stand-ins for geopolitical tensions, and cloak authoritarian leaders in legitimacy, what have the Olympics ever done for us?
It is my real and very honest question every two years: What are the Olympics good for? Why do we continue to have them? Certainly for the athletes participating they can represent the pinnacle of a career’s worth of hard work—maybe even a life’s ambition realized. But for the rest of us, what is the point? Aside from the temporary flash of sumptuous spectacle, there’s little good that ever comes of the Games. If anything, they exacerbate some of the worst of human nature.