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.
The stability of American society depends on conservatives finding a way forward from the Trump dead end.
Election 2016 looked on paper like the most sweeping Republican victory since the Jazz Age. Yet there was a hollowness to the Trump Republicans’ seeming ascendancy over the federal government and in so many of the states. The Republicans of the 1920s had drawn their strength from the country’s most economically and culturally dynamic places. In 1924, Calvin Coolidge won almost 56 percent of the vote in cosmopolitan New York State, 65 percent in mighty industrial Pennsylvania, 75 percent in Michigan, the hub of the new automotive economy.
Not so in 2016. Where technologies were invented and where styles were set, where diseases cured and innovations launched, where songs were composed and patents registered—there the GOP was weakest. Donald Trump won vast swathes of the nation’s landmass. Hillary Clinton won the counties that produced 64 percent of the nation’s wealth. Even in Trump states, Clinton won the knowledge centers, places like the Research Triangle of North Carolina.
Stories of gray areas are exactly what more men need to hear.
The story of Aziz Ansari and “Grace” is playing out as a sort of Rorschach test.
One night in the lives of two young people with vintage cameras is crystallizing debate over an entire movement. Depending on how readers were primed to see the ink blot, it can be taken as evidence that the ongoing cultural audit is exactly on track—getting more granular in challenging unhealthy sex-related power dynamics—or that it has gone off the rails, and innocent men are now suffering, and we are collectively on the brink of a sex panic.
Since the story’s publication on Saturday (on the website Babe, without comment from Ansari, and attributed to a single anonymous source), some readers have seen justice in Ansari’s humiliation. Some said they would no longer support his work. They saw in this story yet another case of a man who persisted despite literal and implied cues that sex was not what a woman wanted.Some saw further proof that the problems are systemic, permeating even “normal” encounters.
It’s reassuring to think the country wants only a defensive capability. It could very easily be wrong.
In the increasingly urgent, dramatic debate about the North Korean nuclear threat, National Security Adviser H.R. McMaster stands out in the Trump administration as the strongest advocate of a hawkish position. But where do H.R. McMaster’s views on North Korea really come from? Why, to pose a question The Atlantic’s Uri Friedman recently did, is he so worried about North Korea? Notwithstanding the suggestion, in Friedman’s piece and elsewhere, that McMaster’s views represent some kind of heresy of nuclear deterrence, his worries must be seen in light of how he views Kim’s motives. Indeed, those motives mean the possibility of military action against North Korea could be understood not as a “good thing,” but as the “least bad.”
Allegations against the comedian are proof that women are angry, temporarily powerful—and very, very dangerous.
Sexual mores in the West have changed so rapidly over the past 100 years that by the time you reach 50, intimate accounts of commonplace sexual events of the young seem like science fiction: You understand the vocabulary and the sentence structure, but all of the events take place in outer space. You’re just too old.
This was my experience reading the account of one young woman’s alleged sexual encounter with Aziz Ansari, published by the website Babe this weekend. The world in which it constituted an episode of sexual assault was so far from my own two experiences of near date rape (which took place, respectively, during the Carter and Reagan administrations, roughly between the kidnapping of the Iran hostages and the start of the Falklands War) that I just couldn’t pick up the tune. But, like the recent New Yorker story “Cat Person”—about a soulless and disappointing hookup between two people who mostly knew each other through texts—the account has proved deeply resonant and meaningful to a great number of young women, who have responded in large numbers on social media, saying that it is frighteningly and infuriatingly similar to crushing experiences of their own. It is therefore worth reading and, in its way, is an important contribution to the present conversation.
Years after his daughter reiterated her allegation that the director sexually abused her, more actors are voicing their regret for collaborating with him.
Woody Allen won an Academy Award, the fourth of his career, just six years ago for writing Midnight in Paris. He was nominated again two years later for Blue Jasmine, a film that won Cate Blanchett a Best Actress Oscar. The last year that Allen didn’t release a movie in theaters that he wrote and directed was 1981. Despite the controversy that has dogged him since the early 1990s—when he was revealed to be having an affair with his girlfriend’s daughter and was subsequently accused of molesting his adopted daughter Dylan Farrow—Allen has continued to make movies with the same once-a-year regularity as always, and usually with major stars. He has long denied that he abused his daughter.
But the film industry’s willingness to turn a blind eye to the allegations against Allen seems to be coming to an end. More and more actors who have worked with him in the past are announcing that they regret the collaboration, and it appears the sheen of Oscar-winning prestige he has relied on to attract big names to his projects is fading. Allen, who released Wonder Wheel last month and is set to come out with A Rainy Day in New York this year, may try to helm more movies. But with Hollywood finally beginning to grapple with his enduring presence as an artist, could that be enough to destroy his career?
When cities compete to attract big employers, the country as a whole suffers.
Since Amazon announced last year that it is going to build a second corporate campus, cities—238 of them in North America, in three countries—quickly started courting the company. They scrambled to propose the most generous package of financial incentives they could muster, in hopes of luring the online-retailing and cloud-computing giant.
On Thursday, Amazon announced that it had whittled its list down to 20 finalist cities spanning the country, from Los Angeles to Austin to Boston and Miami. What does the future hold for the lucky winner? In Amazon’s request for proposals, it dangled the promise of hiring up to 50,000 full-time employees (at an average salary of more than $100,000 a year) over the next 10 or 15 years, and spending $5 billion in the process of executing the project.
A new book argues that reason and perseverance aren’t enough. Instead, three emotions are the secret to getting things done.
Willpower, reason, and executive-functioning skills all seem like ingredients in the recipe for success. So why, then, have so many of us already abandoned our New Year’s resolutions, and it’s not even February yet?
According to Emotional Success, a new book by the Northeastern University psychology professor David DeSteno, it’s because we’re going about pursuing our goals in the wrong way.
Instead of putting our noses ever closer to the grindstone, he advocates relying on so-called social emotions—gratitude, compassion, and pride—to get things done. These emotions, he says, naturally encourage self-control and patience.
They do so by combating people’s tendency to value the present over the future. When we feel grateful, compassionate toward ourselves and others, and proud of our abilities, the struggle to work hard for future rewards becomes, well, less of a struggle.
The biologist Marci Johnson spent the daylight hours of Valentine’s Day 2011 in a helicopter, high over the Alaskan coastline, searching for musk oxen.
It was part of her job. Through the winter, she regularly went to check in on animals that she and her fellow researchers had outfitted with radio collars the year before. On this particular flight, she quickly found what she was looking for: a pack of 55 musk oxen moseying along in the snow. From the helicopter, Johnston could detect all four radio collars chirping happily—the “alive” signal.
She returned home to Kotzebue, Alaska, where she lived and worked as a biologist with the U.S. National Park Service. Winter wore on. A blizzard roared in off the Arctic Ocean, bringing whiteout conditions and winds between 60 and 100 miles per hour. What had been most unusual, though, was the storm surge—she remembers meteorologists warning local residents not to tie up their dogs close to the beach.
A vision to protect those persecuted for non-religion
Lubna Yaseen was a student in Baghdad when death threats forced her into exile. Her crime was to think the unthinkable and question the unquestionable—to state, openly, that she was an atheist.
Growing up in Hillah, a city in central Iraq, she developed an independent mind at a young age. “My mother is an atheist intellectual person, and she brought up me and my siblings to think for ourselves and to be open to anything,” she told me. Yaseen was particularly concerned about her teachers’ attitudes toward women. “I always asked why girls should wear a hijab and boys are not obligated to do so,” she said. Why would “God” treat the two sexes differently? She quickly learned the dangers of expressing these views: Her teachers often threw her out of their classes, and sometimes beat her.
Reporting will always be vital to exposing the most egregious abuses of power. Yet the most underutilized tool in the movement’s turn toward lesser wrongs is fiction.
Millions are talking about the comic actor Aziz Ansari’s actions during a sexual encounter with an anonymous woman who felt wronged on their date night. Her grievances were publicized by an article in the online magazine Babe. And as many have noted, the article is similar, in its subject matter and public reception, to another recent viral sensation––the fictional New Yorker story “Cat Person.”
“Each describes an evening that a woman in her early 20s spends with a man in his 30s, and the tension in each comes from the disjuncture between what the woman feels and what’s going on around her,” Anna Silman wrote at The Cut. “Each describes a sexual encounter that might safely be described as bad: uncomfortable, filled with misunderstandings, and ultimately, for the woman, upsetting.”