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.
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.
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.
Coates says he is "mystified as anybody else” over West's critique.
If there’s real beef between the Harvard philosopher Cornel West and The Atlantic’s Ta-Nehisi Coates, Coates says he doesn’t understand it. West is a vocal critic of Coates and his status as a public intellectual.
Coates addressed the controversy at a panel Tuesday hosted by The Atlantic, saying he remains confused why the feud started in the first place, and that he can’t seem to find a huge difference in the things West has spoken about and what Coates himself has written.
Coates spoke about the first time he saw Cornel West 20 years ago, and found it surreal to have that same person “write critical things about you when they have so clearly not read your work.”
“I am mystified as anybody else” about West’s argument, Coates said, adding that he hopes people read Race Matters, West’s groundbreaking 1993 book.
The mass death of 200,000 saiga provides a dark omen for what might happen to wildlife in a changing world.
It took just three weeks for two-thirds of all the world’s saiga to die. It took much longer to work out why.
The saiga is an endearing antelope, whose bulbous nose gives it the comedic air of a Dr. Seuss character. It typically wanders over large tracts of Central Asian grassland, but every spring, tens of thousands of them gather in the same place to give birth. These calving aggregations should be joyous events, but the gathering in May 2015 became something far more sinister when 200,000 saiga just dropped dead. They did so without warning, over a matter of days, in gathering sites spread across 65,000 square miles—an area the size of Florida. Whatever killed them was thorough and merciless: Across a vast area, every last saiga perished.
Steve Bannon stonewalled a House committee, then promptly agreed to an interview with the special counsel—the latest example of how Mueller is moving ahead as lawmakers feud and spin their wheels.
On Tuesday, Steve Bannon spent hours behind closed doors with the House Intelligence Committee. It was rough. The former White House chief strategist stonewalled lawmakers, they said, even after members from both parties issued a subpoena. Then, on Wednesday, CNN reported that Bannon has struck a deal with Special Counsel Robert Mueller’s team for an interview.
The disparate results obtained from Bannon neatly symbolize the difference between Mueller’s probe and the various congressional panels, all of which are in their own ways investigating Russian interference in the 2016 election and what role the Trump campaign played in it. The congressional panels are high drama, but low results, riven by procedural hurdles, partisan foodfights, and what appears to be interference from the White House. Mueller, meanwhile, has kept his head down and his lips sealed, with most news about his probe emerging from outside sources or from court documents, but all appearances suggest a team moving slowly but inexorably and effectively forward.
Entertainment glorifying or excusing predatory male behavior is everywhere—from songs about “blurred lines” to TV shows where rapists marry their victims.
Edward Cullen. Chuck Bass. Lloyd Dobler. Spike from Buffy the Vampire Slayer. That guy from Love Actually with the sign. The lead singers of emo bands with their brooding lyrics. Many of the romantic heroes that made me swoon in my youth followed a pattern and, like a Magic Eye picture, only with a little distance did the shape of it pop out to me. All of these characters in some way crossed, or at least blurred, the lines of consent, aggressively pursuing women with little or no regard for their desires. But these characters’ actions, and those of countless other leading men across the pop-culture landscape, were more likely to be portrayed as charming than scary.
Romance often involves a bit of pursuit—someone has to make a move, after all. And there’s certainly a spectrum of pursuit: Sometimes supposedly romantic gestures in pop culture veer toward the horrendous or illegal; sometimes they’re just a bit creepy or overzealous. But revisiting some of these fictional love stories can leave one with the understanding that intrusive attention is proof of men’s passion, and something women should welcome. In a number of cases, male characters who were acknowledged to have gone too far—by, for example, actually forcing themselves on women—were quickly forgiven, or their actions compartmentalized and forgotten.
A viral story highlights the lingering difference between the language—and the practice—of consent.
It was true that everything did seem okay to me, so when I heard that it was not the case for her, I was surprised and concerned. I took her words to heart and responded privately after taking the time to process what she had said.
I continue to support the movement that is happening in our culture. It is necessary and long overdue.
That was Aziz Ansari, responding to a story that was published about him over the weekend, a story that doubled for many readers as an allegation not of criminal sexual misconduct, but of misbehavior of a more subtle strain: aggression. Entitlement. Excessive persistence. His statement, accordingly—not an apology but not, either, a denial—occupies that strange and viscous space between defiance and regret. I was surprised and concerned. I took her words to heart.
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 president denies paying a porn actress not to speak about an alleged affair, but he’s often linked payments to confidentiality agreements in the past.
Breaking up is hard to do. A pile of money and some crack legal help can’t heal a broken heart, but they can go a long way to guaranteeing that whatever bad feelings emerge from the relationship don’t make it to the public. At various times in the past, Donald Trump has struck deals with women in his life, or formerly in his life, exchanging money for silence.
It’s not a perfect solution. Over the last week, a series of stories have focused on Trump’s 2006 interactions with Stephanie Clifford, an adult actress who performed under the nom de porn Stormy Daniels. Trump and Daniels reportedly met at a golf tournament in July 2006, more than a year after he married Melania, his third wife. At various points in the past, Daniels has given interviews to various outlets alleging that she had a sexual relationship with him.
What’s happening to New York City is a microcosm of what’s happening around the country—the hollowing out of the U.S. city.
It was an April 1st headline, but the statistics were no joke. "People are fleeing New York at an alarming rate," the New York Postannounced. And indeed, they are—sort of.
For starters, a bit of terminology. The Census Bureau tracks two sorts of American movers. First, there are “domestic migrants,” who move from one U.S. county to another. Second, there are “international migrants,” who move from a foreign country to America. Somewhat confusingly, the latter definition does not mean “all immigrants.” A Guatemalan-born woman who lives in Houston for two years and then moves Dallas is considered a domestic migrant, since she’s moving between American cities.
That sounds like some methodological mumbo jumbo, but it’s critical for understanding what’s happening to New York and the rest of America’s largest cities.