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 claim that Muslims have "too many children" is reliably powerful anywhere there's a sizable Muslim immigrant or minority population.
The sheer number of Rohingya Muslims fleeing genocide in Burma—over 10,000 per day since late August—has become too huge to ignore. It’s the reason why U.S. Secretary of State Rex Tillerson will visit Burma on Wednesday. In his briefings on the crisis, Tillerson will likely encounter another question of numbers: the claim, voiced often by Burmese officials and hardline Buddhist monks, that Rohingya Muslim “overpopulation” threatens their country’s Buddhist majority.
“The population growth of Rohingya Muslims is 10 times higher than that of the Rakhine [Buddhists],” said Win Myaing, a spokesperson for Burma’s western Rakhine State, where most of the stateless Rohingya live. That was in 2013, when the state passed a controversial two-child limitlaw that applied only to Muslims. Just last month, an administrator of a “Muslim-free” village outside Yangon told The New York Times, “[Rohingya] are not welcome here because they are violent and they multiply like crazy, with so many wives and children.” The motto of Burma’s immigration ministry is, “The Earth will not swallow a race to extinction, but another [race] will.”
How did Andrew Anglin go from being an antiracist vegan to the alt-right’s most vicious troll and propagandist—and how might he be stopped?
On December 16, 2016, Tanya Gersh answered her phone and heard gunshots. Startled, she hung up. Gersh, a real-estate agent who lives in Whitefish, Montana, assumed it was a prank call. But the phone rang again. More gunshots. Again, she hung up. Another call. This time, she heard a man’s voice: “This is how we can keep the Holocaust alive,” he said. “We can bury you without touching you.”
When Gersh put down the phone, her hands were shaking. She was one of only about 100 Jews in Whitefish and the surrounding Flathead Valley, and she knew there were white nationalists and “sovereign citizens” in the area. But Gersh had lived in Whitefish for more than 20 years, since just after college, and had always considered the scenic ski town an idyllic place. She didn’t even have a key to her house—she’d never felt the need to lock her door. Now that sense of security was about to be shattered.
Should you drink more coffee? Should you take melatonin? Can you train yourself to need less sleep? A physician’s guide to sleep in a stressful age.
During residency, Iworked hospital shifts that could last 36 hours, without sleep, often without breaks of more than a few minutes. Even writing this now, it sounds to me like I’m bragging or laying claim to some fortitude of character. I can’t think of another type of self-injury that might be similarly lauded, except maybe binge drinking. Technically the shifts were 30 hours, the mandatory limit imposed by the Accreditation Council for Graduate Medical Education, but we stayed longer because people kept getting sick. Being a doctor is supposed to be about putting other people’s needs before your own. Our job was to power through.
The shifts usually felt shorter than they were, because they were so hectic. There was always a new patient in the emergency room who needed to be admitted, or a staff member on the eighth floor (which was full of late-stage terminally ill people) who needed me to fill out a death certificate. Sleep deprivation manifested as bouts of anger and despair mixed in with some euphoria, along with other sensations I’ve not had before or since. I remember once sitting with the family of a patient in critical condition, discussing an advance directive—the terms defining what the patient would want done were his heart to stop, which seemed likely to happen at any minute. Would he want to have chest compressions, electrical shocks, a breathing tube? In the middle of this, I had to look straight down at the chart in my lap, because I was laughing. This was the least funny scenario possible. I was experiencing a physical reaction unrelated to anything I knew to be happening in my mind. There is a type of seizure, called a gelastic seizure, during which the seizing person appears to be laughing—but I don’t think that was it. I think it was plain old delirium. It was mortifying, though no one seemed to notice.
The CNN correspondent on journalism, hypocrisy, how a Twitter fave can ruin his morning, and why he has a poster of George Wallace hanging in his office
Jake Tapper sometimes wakes up angry. This may be a good thing for America.
Amid the chaos of the Donald Trump presidency, and the deep partisanship that filters through seemingly all aspects of American life in 2017, Tapper is motivated by the same forces that have animated much of his career in journalism. He can’t stand hypocrisy. He can’t stand unfairness. He can’t stop talking about it.
“I recognize that it’s probably a pain in the ass for a lot of people now,” he told The Atlantic. “But it is just who I am.”
“I’m just like, I don’t want any of this to be happening,” he added. “There are so many lies and so much indecency, and I’m not only talking about President Trump. There is just a world of it exploding—and we are, I fear, as a nation, becoming conditioned and accepting of it. And it’s horrific.”
From Eve to Aristotle to Sarah Huckabee Sanders, a brief history of looking at half the population and assuming the worst
The picture was striking. The military airplane. The sleeping woman. The outstretched hands. The mischievous smile. The look what I’m getting away with impishness directed at the camera.
On Thursday, Leeann Tweeden, a radio host and former model, came forward with the accusation that Senator Al Franken, of Minnesota, had kissed her against her will during a 2006 USO trip to Kuwait, Iraq, and Afghanistan. In a story posted to the website of Los Angeles’s KABC station, Tweeden shared her experience with Franken. She also shared that photo. “I couldn’t believe it,” she wrote. “He groped me, without my consent, while I was asleep.”
I felt violated all over again. Embarrassed. Belittled. Humiliated.
How dare anyone grab my breasts like this and think it’s funny?
I told my husband everything that happened and showed him the picture.
I wanted to shout my story to the world with a megaphone to anyone who would listen, but even as angry as I was, I was worried about the potential backlash and damage going public might have on my career as a broadcaster.
But that was then, this is now. I’m no longer afraid.
Hillary Clinton once tweeted that “every survivor of sexual assault deserves to be heard, believed, and supported.” What about Juanita Broaddrick?
If the ground beneath your feet feels cold, it’s because hell froze over the other day. It happened at 8:02 p.m. on Monday, when The New York Times published an op-ed called “I Believe Juanita.”
Written by Michelle Goldberg, it was a piece that, 20 years ago, likely would have inflamed the readership of the paper and scandalized its editors. Reviewing the credibility of Broaddrick’s claim, Goldberg wrote that “five witnesses said she confided in them about the assault right after it happened,” an important standard in reviewing the veracity of claims of past sex crimes.
But Goldberg’s was not a single snowflake of truth; rather it was part of an avalanche of honesty in the elite press, following a seemingly innocuous tweet by the MSNBC host Chris Hayes. “As gross and cynical and hypocritical as the right’s ‘what about Bill Clinton’ stuff is,” he wrote, “it’s also true that Democrats and the center left are overdue for a real reckoning with the allegations against him.”
Want to become a florist in Louisiana? A home-entertainment installer in Connecticut? Or a barber anywhere? You’re going to need a license for that—and it’s going to cost you.
In most states, a person who desires to install home-entertainment systems for a living, or as a part-time gig for extra cash, faces relatively few barriers to entry. This is work teenagers routinely do for grandparents after they make a technology purchase. But in Connecticut, a home-entertainment installer is required to obtain a license from the state before serving customers. It costs applicants $185. To qualify, they must have a 12th-grade education, complete a test, and accumulate one year of apprenticeship experience in the field. A typical aspirant can expect the licensing process to delay them 575 days.
These figures are drawn from License to Work, a report released this week by the Institute for Justice, a public-interest law firm that has sued state governments on behalf of numerous small-business owners and members of the working class who’ve faced unduly onerous obstacles while trying to earn a living.
The legal African hunting programs that the Trump administration is reviewing affect more than population numbers.
If you were an elephant, you might be puzzling over human behavior this week. On Monday, the animal-rights attorney Steven Wise filed a writ of habeas corpus on behalf of three privately owned Asian elephants, arguing that the animals are “legal persons” who have a right to bodily liberty and should be free to live in a sanctuary. Then, on Thursday, the U.S. Fish and Wildlife Service announced that the remains of elephants legally hunted in Zimbabwe and Zambia could now be legally imported to the United States as trophies.
This new policy overturned a ban put in place by the Obama administration in 2014. African elephants are considered “threatened” under the U.S. Endangered Species Act, a step below being endangered. The animals’ numbers have plunged from around 10 million 100 years ago to around 400,000 today, largely because of poaching and habitat loss. The Fish and Wildlife Service has not changed the elephants’ status; instead, it now argues that supporting “legal, well-managed hunting programs” will help provide “much-needed conservation dollars to preserve habitats and protect wild herds” in Zimbabwe and Zambia, the agency’s principal deputy director, Greg Sheehan, said in a news release.
The young men of the alt-right could define American politics for a generation.
The sudden emergence of the so-called alt-right from the dark recesses of the internet into the American mainstream was at first more baffling than shocking. The young people sharing strange, coded frog memes and declaring their commitment to white identity politics on obscure websites remained in the realm of the unserious—or at least the unknowable and weird.
Then, last November, The Atlanticpublished footage of a prominent alt-right provocateur, Richard Spencer, raising a glass to Donald Trump’s election at a conference in Washington, D.C. “Hail Trump!” he shouted, and in response, audience members saluted in unmistakably Nazi style. The incident made waves—here were young men behaving, in public, like fascists. But Spencer laughed it off, claiming that the gestures were “ironic.” The methods and meaning of the alt-right were as yet elusive.
A No. 1 bestseller by a respected physician argues that gluten and carbohydrates are at the root of Alzheimer's disease, anxiety, depression, and ADHD. What to make of the controversial theory?
“If you could make just three simple changes in your life to prevent, or even reverse, memory loss and other brain disorders, wouldn’t you?”
So asks Dr. David Perlmutter, in promotion of his PBS special Brain Change, coming soon to your regional affiliate. Three changes. Simple ones. Wouldn’t you?
The 90-minute special is a companion to Perlmutter’s blockbuster book on how gluten and carbs are destroying our brains. In November it became a New York Times number one bestseller. Since its September release, as Perlmutter told me, “It’s never not been on the bestseller list, frankly.”
“Is it still number one?” I asked. A pause over the phone as he checked. In modern interview style, we were both also on our computers.