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.
A series of damaging stories about the president's methods of consoling grieving Gold Star families represent the president’s latest entirely self-inflicted wound.
The question to President Trump on Monday sounded relatively innocuous: “Why haven't we heard anything from you so far about the soldiers that were killed in Niger? And what do you have to say about that?” It’s certainly not the kind of question that seemed likely to set off several days of heated controversy.
But the hubbub that has ensued, centering on Trump’s response to the deaths of four soldiers in Niger and, more broadly, the way he deals with grieving military families, is yet another example of how this president inflicts crises on himself. This pattern has happened several times since Trump entered office, with the tussle over the size of his crowd on Inauguration Day and his claim that Barack Obama “wiretapped him.” In each case, Trump’s bluster and his seeming obsession with Obama have led him to commit serious unforced errors.
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.”
A new study shows that families act on insufficient information when it comes to figuring out where to enroll their children.
A person trying to choose their next set of wheels might see that car A made it farther than car B in a road test and assume it gets better gas mileage. But that’s only true if the two tanks are filled with the same substance. Putting high-octane gas in one and water in the other, for example, provides little useful information about which car makes the most of its fuel. A new working paper titled “Do Parents Value School Effectiveness?” suggests that parents similarly opt for schools with the most impressive graduates rather than figuring out which ones actually teach best. The study joins a body of research looking critically at what it means for a school to be successful.
Take the work of Erin Pahlke, for example. The assistant professor of psychology at Whitman College saw research showing that girls who attend school only with other girls tend to do better in math and science. The trick, she said, is that those studies didn’t analyze “differences in the students coming into the schools.” As it turns out, those who end up in same-sex schools tend to be wealthier, start out with more skills, and have parents who are more proactive than students who attend co-ed institutions. In a 2014 meta-analysis, Pahlke and her colleagues reviewed the studies and found when examining schools with the same type of students and same level of resources—rather than “comparing [those at] the public co-ed school to [their counterparts at] the fancy private school that’s single-sex down the road”—there isn’t any difference in how the students perform academically. Single-sex schooling also hasn’t been shown to offer a bump in girls’ attitudes toward math and science or change how they think about themselves. In other words, it often looks like single-sex schools are doing a better job educating kids, but they aren't. It's just that their graduates are people who were going to do well at any school. They’re running on high-octane gas.
Despite claiming he was better at consoling the families of slain servicemembers than his predecessors, Trump offended the family of La David Johnson and skipped calls and letters to other grieving loved ones.
Thirteen days after Sergeant La David Johnson was killed in Niger, and a day after Donald Trump boasted about his actions to console grieving families in contrast to his predecessors, the president called Johnson’s family Tuesday night.
It didn’t go well.
Representative Frederica Wilson, a Florida Democrat, was with widow Myeshia Johnson when Trump called. “She was crying the whole time, and when she hung up the phone, she looked at me and said, ‘He didn’t even remember his name.’ That’s the hurting part,” Wilson told MSNBC.
“He said, ‘Well, I guess you knew’—something to the effect that ‘he knew what he was getting into when he signed up, but I guess it hurts anyway.’ You know, just matter-of-factly, that this is what happens, anyone who is signing up for military duty is signing up to die. That’s the way we interpreted it. It was horrible. It was insensitive. It was absolutely crazy, unnecessary. I was livid.”
Critics of the mainstream media were quick to charge that Harvey Weinstein’s misdeeds were an open secret, yet none of them were able to expose it.
Last week, the New York Times and The New Yorker published multiple allegations of abhorrent sexual misconduct against the movie producer Harvey Weinstein, drawing on years of costly investigative reporting; risking legal retaliation that could cost millions to litigate; and forcing its subject from his powerful perch in Hollywood, where his ability to lure aspiring film starts into hotel rooms is all but gone.
The episode was a credit to the reporters, editors, and publishers who broke the story; an example of why it is vital to support an independent press that probes wrongdoing; and a spur to examine all the factors that delayed the truth outing for so long, including apparent failures by some journalists and news-gathering organizations.
The foundation of Donald Trump’s presidency is the negation of Barack Obama’s legacy.
It is insufficient to statethe obvious of Donald Trump: that he is a white man who would not be president were it not for this fact. With one immediate exception, Trump’s predecessors made their way to high office through the passive power of whiteness—that bloody heirloom which cannot ensure mastery of all events but can conjure a tailwind for most of them. Land theft and human plunder cleared the grounds for Trump’s forefathers and barred others from it. Once upon the field, these men became soldiers, statesmen, and scholars; held court in Paris; presided at Princeton; advanced into the Wilderness and then into the White House. Their individual triumphs made this exclusive party seem above America’s founding sins, and it was forgotten that the former was in fact bound to the latter, that all their victories had transpired on cleared grounds. No such elegant detachment can be attributed to Donald Trump—a president who, more than any other, has made the awful inheritance explicit.
For decades a respected but somewhat eccentric figure even within the jazz scene, the pianist and composer is at the peak of his influence as he reaches his centennial this month.
The peak of Thelonious Monk’s fame came in 1964, in his 47th year, when his painted portrait—dourly glowering or shyly guarded, depending on the beholder—improbably graced the cover of Time magazine.
Though widely respected by musicians, the pianist and composer had always remained an outlier even in the jazz world, set apart by his singular musical vision as well as his eccentricity, yet his Time cover seemed to represent his ascension to the heights of American culture as a whole.
When the cover was slated to run in November 1963, the nation’s No. 1 hit was the old standard “Deep Purple,” and jazz still seemed dominant. But after John Kennedy was shot, Time bumped Monk. By the time the story ran in February1964, “I Want to Hold Your Hand” had begun a dominant run as the Beatles’ first No. 1 in the United States. Jazz was over as a mainstream force in American culture and so, arguably, was Monk. From then until his death at just 64, in 1982, he struggled increasingly with ailments physical and mental, stopped writing new music, experienced increasing critical disdain, and finally disappeared from view for nearly a decade.
Hurricane Maria has exposed and intensified the island’s ecological crisis and its human consequences. Can it build a sustainable future?
ARECIBO, P.R.—“There’s no way there were just 45 deaths,” said Myrna Conty, an environmental activist whose work takes her regularly across the most remote parts of the island. She scoffed at the radio reports of the official death toll, a common refrain among Puerto Ricans whose personal stories—a cousin who died needing dialysis here, a neighbor who simply hasn’t been heard from there—when multiplied 3.5 million-fold make the official estimate seem impossible.
We’d followed the path that Hurricane Maria’s eye had taken along the highway to the west of San Juan. Three weeks after the storm, the tropical green was just starting to come back, sprouting over the brown wounds of mud and giant trees pulled up from their roots. Here in Arecibo, a small municipality about 40 minutes from San Juan on a good day, high-water marks from the flood stood out on building walls, seven or eight feet high. Obliterated houses marked the deserted hamlets along the road. Smokestacks had been snapped in half and wires lay slack where giant power pylons had fallen. The Río Grande de Arecibo that cuts through the municipality remained an swollen brown expanse, still threatening to drown bridges and homes. Arecibo was a ghost town.
The staggering scope of the country’s infrastructure initiative—and what it means for the international order
The Pakistani town of Gwadar was until recently filled with the dust-colored cinderblock houses of about 50,000 fishermen. Ringed by cliffs, desert, and the Arabian Sea, it was at the forgotten edge of the earth. Now it’s one centerpiece of China’s “Belt and Road” initiative, and the town has transformed as a result. Gwadar is experiencing a storm of construction: a brand-new container port, new hotels, and 1,800 miles of superhighway and high-speed railway to connect it to China’s landlocked western provinces. China and Pakistan aspire to turn Gwadar into a new Dubai, making it a city that will ultimately house 2 million people.
China is quickly growing into the world’s most extensive commercial empire. By way of comparison, after World War II, the Marshall Plan provided the equivalent of $800 billion in reconstruction funds to Europe (if calculated as a percentage of today’s GDP). In the decades after the war the United States was also the world’s largest trading nation, and its largest bilateral lender to others.
By lavishing infrastructure dollars on illiberal governments, Beijing is supplanting American soft power.
Along a major tributary of the Mekong River in northeastern Cambodia sits the newly opened Lower Sesan II Dam hydropower plant. The 400-megawatt dam will produce badly needed electricity for the country, but at the cost of potential major ecological damage and the eviction of some 5,000 families from the area. Such consequences are unlikely to sink the fortunes of Hun Sen, Cambodia’s strongman leader who, for 32 years, has relied on the largesse of foreign governments to fund infrastructure projects: For this latest venture, he has China to thank for footing the more than $800-million bill.
In the past, Southeast Asian nations largely turned to the United States and its Western partners to finance such undertakings; in exchange, several of them would maintain the trappings of a democratic society. But under President Donald Trump, America’s waning regional influence is opening the door for China to expand its footprint in the region, even if that means Beijing must deal with illiberal, repressive autocrats seemingly determined to remain in power forever. “I believe I can live at least 30 more years, therefore I can continue as prime minister for 10 more years. It is not difficult for me,” the 65-year-old Hun Sen remarked at the inaugurationfor the dam last month.