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 scientist and a monk compare notes on meditation, therapy, and their effects on the brain
Can training the mind make us more attentive, altruistic, and serene? Can we learn to manage our disturbing emotions in an optimal way? What are the transformations that occur in the brain when we practice meditation? In a new book titled Beyond the Self, two friends—Matthieu Ricard, who left a career as a molecular biologist to become a Buddhist monk in Nepal, and Wolf Singer, a distinguished neuroscientist—engage in an unusually well-matched conversation about meditation and the brain. Below is a condensed and edited excerpt.
Matthieu Ricard: Although one ﬁnds in the Buddhist literature many treatises on “traditional sciences”—medicine, cosmology, botanic, logic, and so on—Tibetan Buddhism has not endeavored to the same extent as Western civilizations to expand its knowledge of the world through the natural sciences. Rather it has pursued an exhaustive investigation of the mind for 2,500 years and has accumulated, in an empirical way, a wealth of experiential ﬁndings over the centuries. A great number of people have dedicated their whole lives to this contemplative science.
A new strategy prevents parasites from adapting to drugs by intensifying the competition between them.
The history of antibiotics is a history of running in place. Two years after the first of these life-saving drugs—penicillin—was mass-produced, bacteria that resisted the drug became widespread, too. With grim inevitability, the same events have unfolded for every other drug. Every time scientists identify a new substance that can hold back the tide of infectious disease, resistant superbugs surge over that barrier in a matter of years.
The evolution of drug-resistant microbes is unavoidable, but it’s not instantaneous. And one might reasonably wonder why. Microbes have been around for billions of years. They have had, quite literally, all the time in the world to invent every possible biochemical trick, including ways of defusing antibiotics that they themselves use to kill and suppress each other. So why aren’t all microbes already resistant to all drugs?
Content moderators review the the dark side of the internet. They don’t escape unscathed.
Lurking inside every website or app that relies on “user-generated content”—so, Facebook, YouTube, Twitter, Instagram, Pinterest, among others—there is a hidden kind of labor, without which these sites would not be viable businesses. Content moderation was once generally a volunteer activity, something people took on because they were embedded in communities that they wanted to maintain.
But as social media grew up, so did moderation. It became what the University of California, Los Angeles, scholar Sarah T. Roberts calls, “commercial content moderation,” a form of paid labor that requires people to review posts—pictures, videos, text—very quickly and at scale.
Roberts has been studying the labor of content moderation for most of a decade, ever since she saw a newspaper clipping about a small company in the Midwest that took on outsourced moderation work.
Russia's strongman president has many Americans convinced of his manipulative genius. He's really just a gambler who won big.
I. The Hack
The large, sunny room at Volgograd State University smelled like its contents: 45 college students, all but one of them male, hunched over keyboards, whispering and quietly clacking away among empty cans of Juicy energy drink. “It looks like they’re just picking at their screens, but the battle is intense,” Victor Minin said as we sat watching them.
Clustered in seven teams from universities across Russia, they were almost halfway into an eight-hour hacking competition, trying to solve forensic problems that ranged from identifying a computer virus’s origins to finding secret messages embedded in images. Minin was there to oversee the competition, called Capture the Flag, which had been put on by his organization, the Association of Chief Information Security Officers, or ARSIB in Russian. ARSIB runs Capture the Flag competitions at schools all over Russia, as well as massive, multiday hackathons in which one team defends its server as another team attacks it. In April, hundreds of young hackers participated in one of them.
Now that he's raised awareness of his lifestyle, David Jay, founder of AVEN, is working to change mainstream beliefs about sex drives.
Now that he's raised awareness of his lifestyle, David Jay, founder of AVEN, is working to change mainstream beliefs about sex drives.
David Jay was in middle school when everyone around him grew suddenly obsessed with the same all-consuming impulse. It wasn't sex per se, but it was its nascent beginnings. While his classmates talked non-stop about which movie stars they thought were hot, eyed each other in the hallway, and made their first, awkward attempts at dating, Jay was left feeling distinctly out of the loop.
"I just didn't get it," he recalls. "I didn't have a reference point to understand what they were going through. And that's really terrifying, because everyone assumes that's what should be happening for you. Sexuality is a really big deal for almost everyone, from middle school on. It's a really central part of a lot of people's lives."
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.”
With Hindu nationalism ascendant, what does the future hold for India’s first family and its pluralist legacy?
In 1994, Sonia Gandhi published a book of photographs from her private life with her late husband, Rajiv Gandhi. It included a dozen pictures from their trips to Italy, where she had grown up in the suburbs of Turin. Here she was in a speedboat in 1980, wearing crimson-framed sunglasses and a matched paisley shawl. Here was their son Rahul, just seven or eight years old, on a beach pushing goggles off his face into his hair.
What made the book, titled Rajiv’s World, so unusual then was the photographer: Rajiv Gandhi, the former prime minister of India killed in a suicide bombing. What makes the book unusual today is how much it shares of the interior life of Sonia herself—before she transcended her origins to become India’s most powerful politician.
The GOP succeeded in delivering on many of its promises. But the new code, which Congress will vote on this week, will not be as lasting, or as simplified, as they’d hoped.
The legislation congressional Republicans finalized on Friday and are likely to enact next week delivers on many of the party’s—and President Trump’s— promises for a landmark overhaul of the tax code. But the rush to pass the bill through a narrow Senate majority and without Democratic support forced the GOP to sacrifice some of their long-held aspirations for tax reform.
The final bill permanently reduces the corporate tax rate all the way from 35 percent to 21 percent, nearly matching the 20 percent goal House Republicans set in their 2016 campaign plan (though not as low as the 15 percent Trump ran on). It cuts taxes sharply for business owners, and companies will be able to write off costly purchases of new equipment and buildings.
Winning images and honorable mentions from the four categories: Wildlife, Landscapes, Aerials, and Underwater.
National Geographic has announced the winners of its annual photo competition, with the Grand Prize Winner Jayaprakash Joghee Bojan receiving a prize of $7,500 for his image of an orangutan in Borneo. National Geographic was once again kind enough to let us display the winning images and honorable mentions here from the four categories: Wildlife, Landscapes, Aerials, and Underwater.