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.
Trump’s supporters backed a time-honored American political tradition, disavowing racism while promising to enact a broad agenda of discrimination.
THIRTY YEARS AGO nearly half of Louisiana voted for a Klansman, and the media struggled to explain why.
It was 1990 and David Duke, the former grand wizard of the Ku Klux Klan, astonished political observers when he came within striking distance of defeating incumbent Democratic U.S. Senator J. Bennett Johnston, earning 43 percent of the vote. If Johnston’s Republican rival hadn’t dropped out of the race and endorsed him at the last minute, the outcome might have been different.
Was it economic anxiety? The Washington Post reported that the state had “a large working class that has suffered through a long recession.” Was it a blow against the state’s hated political establishment? An editorial from United Press International explained that “Louisianans showed the nation by voting for Duke that they were mad as hell and not going to take it any more.” Was it anti-Washington rage? A Loyola University pollster argued, “There were the voters who liked Duke, those who hated J. Bennett Johnston, and those who just wanted to send a message to Washington.”
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.
President Trump’s lawyer thinks the special counsel will conclude his work shortly after Thanksgiving and clear the president.
This week is a time for being thankful, and the president has both instructions for others and his own thanks to give. Whatever difficulties special counsel Robert Mueller is causing the White House, administration staffers were reportedly relieved that former National-Security Adviser Michael Flynn has thus far escaped indictment. Furthermore, Trump attorney Ty Cobb believes the investigation is nearly complete.
“It is my hope and expectation that shortly after Thanksgiving, all the White House interviews will be concluded,” Cobb told CNN, and The Washington Post reports that he’s telling West Wing staffers that the investigation overall will conclude soon, exonerating President Trump.
That’s a long way from the conventional wisdom, especially since the indictments of Paul Manafort and Rick Gates and guilty plea from George Papadopoulos late last month. Each of those looked like a bad sign for the Trump administration: the first two because they suggested Mueller was trying to flip Manafort, and was carefully delving into financial crimes, and the second because Papadopoulos’s admissions, alongside testimony from Carter Page, further confirm that at least some members of the Trump campaign were indeed colluding with the Russian government.
The second reason is subtler, but perhaps equally significant. To pay for a permanent tax cut on corporations, the plan raises taxes on colleges and college students, which is part of a broader Republican war on higher education in the U.S. This is a big deal, because in the last half-century, the most important long-term driver of wage growth has arguably been college.
The mass murderer, who died on Sunday at 83, turned one following into another.
“All of us are excited by what we most deplore,” Martin Amis wrote in theLondon Review of Books in 1980, reviewing Joan Didion’s The White Album. In the title piece in that collection, Didion’s second, the essayist recalls sitting in her sister-in-law’s swimming pool in Beverly Hills on August 9, 1969, when the phone rang. The friend on the line had heard that across town there had been a spate of murders at a house rented by the director Roman Polanski, on Cielo Drive. Early reports were frenzied, shocking, lurid, and incorrect. “I remember all of the day’s misinformation very clearly,” Didion writes, “and I also remember this, and wish I did not: I remember that no one was surprised.”
The killings orchestrated that summer by Charles Manson, who died on Sunday at the age of 83, after spending the past 48 years in prison, occupy a unique space in the American cultural psyche. All of the elements of the Tate–LaBianca murders, as they came to be known, seemed designed for maximum tabloid impact. There was the actor Sharon Tate, luminously beautiful and eight months pregnant, who was stabbed to death with four others at a rental home in Hollywood. There were the killers—young women,Manson acolytes corrupted by a sinister cult figure. There were the drugs, abundant both on the Manson Family ranch and at the house on Cielo Drive. There was the nebulous chatter about satanism and witchcraft and race wars ready to erupt. And, as Didion captured, there was a sense that something was rotten from the Hollywood Hills to Haight-Ashbury—that the Summer of Love had long since curdled into paranoia and depravity.
The Breitbart chair’s effort to recruit populist challengers hits a snag, as the most plausible such candidate for Orrin Hatch’s seat bows out of the race.
Steve Bannon’s widely hyped war on the Republican establishment hit a setback Monday in Utah, when a prominent conservative he’d been courting to mount an insurgent Senate bid in the state announced he wouldn’t run.
Boyd Matheson—a prominent Utah Republican who heads the conservative Sutherland Institute think tank—met with Bannon during a recent trip to Washington, D.C. while exploring a potential bid for Orrin Hatch’s senate seat. When the meeting was first made public last month, many cited it as proof that Bannon’s pledge to overthrow entrenched Republican incumbents should be taken seriously. Matheson is well-regarded in Utah political circles, and was generally viewed as a credible candidate to take on Hatch in a primary. What’s more, it appeared he would have the backing of several influential conservative pressure groups.
There’s a manifest need to lower corporate tax rates—but instead of building consensus, the GOP is pursuing a bill that’s likely to be rolled back even if it passes.
America badly needs corporate tax reform.
The United States pretends to tax corporations heavily. But those heavy tax rates are perforated by randomly generous rules such that many tax-efficient firms pay nothing at all, or even receive money back from the U.S. Treasury. The result is heavy unfairness between industries and firms, an unfairness that many economists believe systematically distorts investment decisions. U.S. productivity growth has been sluggish since the Great Recession—and had actually turned negative by the beginning of 2016.
At the same time, the corporate share of the federal-tax burden has dwindled over the years and decades. More and more of the cost of government now falls upon the payroll tax, which weighs most heavily on low- and middle-income wage earners. These Americans are suffering stagnating incomes, very probably because of the poor productivity growth of the past half-decade.
How leaders lose mental capacities—most notably for reading other people—that were essential to their rise
If power were a prescription drug, it would come with a long list of known side effects. It can intoxicate. It can corrupt. It can even make Henry Kissinger believe that he’s sexually magnetic. But can it cause brain damage?
When various lawmakers lit into John Stumpf at a congressional hearing last fall, each seemed to find a fresh way to flay the now-former CEO of Wells Fargo for failing to stop some 5,000 employees from setting up phony accounts for customers. But it was Stumpf’s performance that stood out. Here was a man who had risen to the top of the world’s most valuable bank, yet he seemed utterly unable to read a room. Although he apologized, he didn’t appear chastened or remorseful. Nor did he seem defiant or smug or even insincere. He looked disoriented, like a jet-lagged space traveler just arrived from Planet Stumpf, where deference to him is a natural law and 5,000 a commendably small number. Even the most direct barbs—“You have got to be kidding me” (Sean Duffy of Wisconsin); “I can’t believe some of what I’m hearing here” (Gregory Meeks of New York)—failed to shake him awake.
Fox News anchors sometimes remind viewers that: We report. You decide.
The company took an especially broad outlook on what kind of information merited a decision on Monday, when it appeared to question the reality of the Apollo missions and the moon landing.
“You be the judge: Skeptics say picture debunks moon landing,” the network tweeted. The accompanying story cited an anonymous YouTube conspiracy theorist’s video that claimed to show discrepancies in a photo from the Apollo 17 mission. The story does not have a byline. A spokeswoman for the network did not respond to a request for comment about whether it considers the moon landing up for debate.
By the afternoon, the story had also made it on the front page of Google News. Newsweekand The Daily Mailalso amplified the conspiracy theory.
The Facebook founder has discussed "community" more than 150 times in public. A close reading reveals his road map for the platform’s future.
There’s a story that Mark Zuckerberg has told dozens of times over the years. Shortly after he’d launched Facebook in February 2004, he went to get pizza with Kang-Xing Jin, a coder friend who would become a Facebook executive, at a place around the corner from his dorm.
In one telling, Zuckerberg says he was thinking, “this is great that we have this community that now people can connect within our little school, but clearly one day, someone is going to build this for the world.”
But there was no reason to expect that this kid and his group of friends would be the people who would build this for the world. “It hadn’t even crossed my mind,” he said in 2013. They were technically gifted, but as Zuckerberg tells it, they had basically no resources or experience at a time when there were already massive technology companies trying to create social networks from MySpace to Microsoft, Google to Yahoo.