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.
Emma Perrier was deceived by an older man on the internet—a hoax that turned into an unbelievable love story.
Emma Perrier spent the summer of 2015 mending a broken heart, after a recent breakup. By September, the restaurant manager had grown tired of watching The Notebook alone in her apartment in Twickenham, a leafy suburb southwest of London, and decided it was time to get back out there. Despite the horror stories she’d heard about online dating, Emma, 33, downloaded a matchmaking app called Zoosk. The second “o” in the Zoosk logo looks like a diamond engagement ring, which suggested that its 38 million members were seeking more than the one-night stands offered by apps like Tinder.
She snapped the three selfies the app required to “verify her identity.” Emma, who is from a volcanic city near the French Alps, not far from the source of Perrier mineral water, is petite, and brunette. She found it difficult to meet men, especially as she avoided pubs and nightclubs, and worked such long hours at a coffee shop in the city’s financial district that she met only stockbrokers, who were mostly looking for cappuccinos, not love.
In most big cities, cabbies aren’t allowed to turn away passengers because of their race or destination—but it still happens all the time.
At close to midnight, I had just gotten off of the plane at LAX after a long journey from my home in Hartford. Two hours before departure I had picked up my kids from school and then kissed my family goodbye. Travel is an inextricable part of my job as a baseball analyst with ESPN. This particular week was Los Angeles; the week before was Pittsburgh. So go my Wednesdays.
On my way to Los Angeles, I connected in Minneapolis where I was joined by Joe Vanderford, an ESPN cameraman who hailed from North Carolina. We had a great chat en route to L.A. Joe, who is white, told me how his father had been responsible for integrating the softball league in his hometown to which I responded that his father had been brave. He agreed, but added that his father had also loved the game and wanted to win; before integration, there had been some great players barred from playing because of race.
Old French Canadian genealogy records reveal how a harmful mutation can hide from natural selection in a mother's DNA.
The first King’s Daughters—or filles du roi—arrived in New France in 1663, and 800 more would follow over the next decade. Given their numbers, they were not literally the king’s daughters of course.
They were poor and usually of common birth, but their passage and dowry were indeed paid by King Louis XIV for the purpose of empire building: These women were to marry male colonists and have many children, thus strengthening France’s hold on North America.
And so they did. The filles du roi became the founding mothers of French Canadians, for whom these women are a source of historical pride. A grand old restaurant in Montreal was named after the filles du roi. So is a roller-derby team. French Canadians can usually trace their ancestry back to one or more of these women. “French Canadian genealogy is so well documented, it’s just a piece of cake to trace any line you have,” says Susan Colby, a retired archaeologist who comes from a French Canadian family and has done some of that tracing herself.
On Monday, Trump set out to emphasize honor and integrity—and then he made a series of unsubstantiated claims.
The week of October 15 was supposed to be set aside to reflect on character.
“We celebrate National Character Counts Week because few things are more important than cultivating strong character in all our citizens, especially our young people,” President Trump said in declaring it. “The grit and integrity of our people, visible throughout our history, defines the soul of our Nation. This week, we reflect on the character of determination, resolve, and honor that makes us proud to be American.”
There hasn’t been much time to talk about character. Instead, politics this week has been dominated by a peculiar scandal, beginning with one off-base remark from the president on Monday, that has managed to somehow leave everyone it touches worse off than they were at the start of the week—including the president, his chief of staff and spokeswoman, a member of Congress, and the family of a Special Forces soldier killed in Niger earlier this month.
Rumors are swirling over what took place in the final hours before four U.S. servicemen died—but a clear picture of what actually took place is only beginning to emerge.
On October 4, a small group of U.S. troops were preparing to leave a meeting with community leaders near the small town of Tongo Tongo in Niger. They were close to the Malian border, traveling in unarmored pick-up trucks with limited weaponry and a few dozen of their Nigerien counterparts. Then they were ambushed.
By the time the more than 30-minute assault was over, three U.S. troops were confirmed dead and two more were gravely injured. Another, Sergeant La David Johnson, was missing and his body would not be recovered for another two days. French aircraft, called in for back-up, circled overhead as fire was exchanged below. They later helped to evacuate survivors.
This account, based on public statements from the Trump administration, interviews with U.S. Africa Command officials; former State Department and intelligence officials; and the man who almost served as the senior director for Africa on the National Security Council, along with additional reporting from other news outlets like CNN and The Washington Post, suggests a direct link between the fatal ambush and the absence of a clear strategy or perhaps even a cursory understanding of U.S. operations in Africa by the Trump administration.
DeepMind’s new self-taught Go-playing program is making moves that other players describe as “alien” and “from an alternate dimension.”
It was a tense summer day in 1835 Japan. The country’s reigning Go player, Honinbo Jowa, took his seat across a board from a 25-year-old prodigy by the name of Akaboshi Intetsu. Both men had spent their lives mastering the two-player strategy game that’s long been popular in East Asia. Their face-off, that day, was high-stakes: Honinbo and Akaboshi represented two Go houses fighting for power, and the rivalry between the two camps had lately exploded into accusations of foul play.
Little did they know that the match—now remembered by Go historians as the “blood-vomiting game”—would last for several grueling days. Or that it would lead to a grisly end.
Early on, the young Akaboshi took a lead. But then, according to lore, “ghosts” appeared and showed Honinbo three crucial moves. His comeback was so overwhelming that, as the story goes, his junior opponent keeled over and began coughing up blood. Weeks later, Akaboshi was found dead. Historians have speculated that he might have had an undiagnosed respiratory disease.
More comfortable online than out partying, post-Millennials are safer, physically, than adolescents have ever been. But they’re on the brink of a mental-health crisis.
One day last summer, around noon, I called Athena, a 13-year-old who lives in Houston, Texas. She answered her phone—she’s had an iPhone since she was 11—sounding as if she’d just woken up. We chatted about her favorite songs and TV shows, and I asked her what she likes to do with her friends. “We go to the mall,” she said. “Do your parents drop you off?,” I asked, recalling my own middle-school days, in the 1980s, when I’d enjoy a few parent-free hours shopping with my friends. “No—I go with my family,” she replied. “We’ll go with my mom and brothers and walk a little behind them. I just have to tell my mom where we’re going. I have to check in every hour or every 30 minutes.”
Those mall trips are infrequent—about once a month. More often, Athena and her friends spend time together on their phones, unchaperoned. Unlike the teens of my generation, who might have spent an evening tying up the family landline with gossip, they talk on Snapchat, the smartphone app that allows users to send pictures and videos that quickly disappear. They make sure to keep up their Snapstreaks, which show how many days in a row they have Snapchatted with each other. Sometimes they save screenshots of particularly ridiculous pictures of friends. “It’s good blackmail,” Athena said. (Because she’s a minor, I’m not using her real name.) She told me she’d spent most of the summer hanging out alone in her room with her phone. That’s just the way her generation is, she said. “We didn’t have a choice to know any life without iPads or iPhones. I think we like our phones more than we like actual people.”
The Harvey Weinstein scandal rocking Hollywood has now spread throughout the American business world, with a growing list of firings and suspensions among high-profile men.
The allegations started in Hollywood, then spread to Silicon Valley, and after that engulfed New York City media circles. Harvey Weinstein’s downfall was just the beginning. The accusations, then firings, of many other powerful men have sparked a public conversation about an uncomfortable issue that rarely surfaces. And, at least for now, that’s created a very different kind of dialogue about sexual assault.
It’s difficult to keep track of the number of prominent men who’ve been accused of sexual misconduct in recent months. Bill O’Reilly. Roger Ailes. Harvey Weinstein. The wave of allegations has led to terminations, suspensions, and other consequences. But these recent actions do little to address the underlying issues that enabled men in power to get away with so much for so long, nor does public attention today guarantee meaningful change.
A trove of recently released documents confirms that Washington’s role in the country’s 1965 massacre was part of a bigger Cold War strategy.
In Indonesia in October 1965, General Suharto responded to the kidnapping and murder of six high-ranking military officers by accusing the Indonesian Communist Party (PKI) of organizing a brutal coup attempt. Over the months that followed, he oversaw the systematic extermination of up to a million Indonesians for affiliation with the party, or simply for being accused of harboring leftist sympathies. He then took power and ruled as dictator, with U.S. support, until 1998.
This week, the non-profit National Security Archive, along with the National Declassification Center, published a batch of U.S. diplomatic cables covering that dark period. While the newly declassified documents further illustrated the horror of Indonesia’s 1965 mass murder, they also confirmed that U.S. authorities backed Suharto’s purge. Perhaps even more striking: As the documents show, U.S. officials knew most of his victims were entirely innocent. U.S. embassy officials even received updates on the executions and offered help to suppress media coverage. While crucial documents that could provide insight into U.S. and Indonesian activities at the time are still lacking, the broad outlines of the atrocity and America’s role are there for anyone who cares to look them up.
Michelle Kuo’s Reading with Patrick avoids the educator-as-savior cliché and opts for a subtler portrait of her relationship with a troubled student.
In books and films about failing schools attended by poor students of color, a suspiciously upbeat plotline has become all too familiar. A novice teacher (usually white) parachutes in, overcomes her students’ distrust and apathy, and sets them on the path to college and worldly success. Such narratives are every kind of awful. They make the heroic teacher the center of attention, relegating the students to secondary roles. They pretend that good intentions and determination have the magical power to transform young people’s lives, even in the most adverse circumstances. And they treat schools as isolated sites of injustice, never connecting educational disadvantage to other forms of inequality.