Imitation is the Sincerest Form of Flattery: How Scandinavian Prisons are Inspiring Reform in the U.S.

By Erin Valenta

Norway and Sweden are commonly celebrated for promoting progressive incarceration techniques. Their low incarceration-related statistics reflect their open-minded perspective toward criminality and what it means to be a criminal (if it means anything). In contrast, the United States has long embraced the retribution-focused view toward criminal justice, and its incarceration-related statistics reveal that. Some United States governments have taken steps towards reforming their incarceration approach, looking to the Scandinavian countries as motivation. It is uncertain whether Norway’s and Sweden’s approaches should be celebrated as much as they are.

Norway is often lauded for embracing “gentle justice,” which is the idea that the incarceration imposed upon a person is itself the punishment and that further restrictions of the person’s liberty should be limited. [1] For example, Norwegian prisoners typically wear normal clothes, not prison uniforms, and they are often allowed to walk unguarded within the prisons. [2] Norwegian prisons also feature brightly colored decorations and elements of biophilic design. [3] The country claims that it wants those incarcerated to be good neighbors upon their release (release is inevitable for nearly all Norwegian prisoners, as the country mostly banned life sentences in 1981). [4] It largely seems to be achieving that goal, as Norway’s recidivism rate is approximately 20%. [5] Norway’s predicted incarceration rate for 2023 is fifty-seven per 100,000 residents, which is much lower than rates seen across the globe, including Europe. [6]

Sweden’s approach to criminal justice is similar to Norway’s, and it also has a low incarceration rate. In 2022, the rate was estimated to be seventy-four per 100,000 residents. [7] Sweden’s recidivism rate is about 30% when considering the three years after release. [8] Most Swedish prisons are open, meaning they resemble dormitories, and incarcerated persons are allowed a great deal of freedom. Most of Norway’s prisons are open-style as well. [9] Sweden has also allowed incarcerated persons to organize and be represented by inmate associations since the mid-1970s. [10] The country handles the incarceration of minors very carefully. Swedish persons younger than twenty-one who are convicted of crimes that carry a minimum sentence of less than one year are generally legally entitled to ungdomsrabatt, which means youth rebate or discount. [11] The youth discount allows younger persons to receive a lighter sentence than an adult convicted of the same crime. [12]

In comparison, the United States has the highest rate of incarceration in the world, at 350 incarcerated persons per 100,000 residents aged eighteen or older. [13] With a prison population of about 1.2 million at the end of 2021, the nation also has the world’s highest prison population. [14] Further, the United States’ recidivism rate is also strikingly high (exact numbers vary depending on the factors used to determine what recidivism means). Certain states have, however, taken steps to reform their approach to incarceration and physically update their facilities to match these changes in perspective.

California governmental officials have talked about renovating the infamous San Quentin Prison for years. [15] In March 2023, Governor Gavin Newsom announced that the facility is to be completely renovated and renamed the San Quentin Rehabilitation Center by 2025, and he pledged $20 million to initiate the process. [16] Governor Newsom told the Los Angeles Times that his goal is to “‘completely reimagine what prison means’”— which is an ambitious goal for the state with the second-highest prison population in the country. [17] With around 700 death row prisoners under its jurisdiction, California also has the highest death row population in the United States. [18] Most of the state’s death row prisoners are housed in San Quentin, and they are to be moved (some already have been) to different facilities across the state so that the prison can be updated to house incarcerated persons convicted of less serious crimes. [19] The new facility is to have vocational programs to teach prisoners useful trades like plumbing and electrical work. [20] Governor Newsom’s office referenced Norway’s progressive attitude toward incarceration as inspiration for the San Quentin Prison renovation, and Governor Newsom stated that he hopes to “creat[e] a new model of safety and justice . . . that will lead the nation.’” [21]

North Dakota has similarly been motivated by the Scandinavian approach to incarceration. In 2015, a group of North Dakota prison officials, legislators, and judicial officials visited Norway. [21] The group toured various prisons across the country, and the trip triggered reforms across the state. [23] The North Dakota State Penitentiary, for example, eliminated punishments for minimal transgressions such as talking back to a correctional officer. [24] North Dakota also made radical statewide changes to its solitary confinement practices, resulting in a rapid decrease in solitary confinement rates—between 2016 and 2020, the state’s use of solitary confinement decreased by about 74%. [25] The former Clinical Director of the State Penitentiary embraced the reforms, telling NPR, “‘The idea that somebody is just going to sit there and think about what they did and magically know how to handle a situation differently in the future is not accurate. So[,] we have to be pro-active [sic] in helping people know how to change.’” [26]

Norway’s approach to incarceration has also inspired Pennsylvania to make changes to its correctional system. The State Correctional Institution – Chester (“SCI Chester”), a medium-security prison located about thirty minutes outside of Philadelphia, contains the epitome of that inspiration. [27] “Little Scandinavia” is a wing inside SCI Chester that was remodeled in the fashion of Scandinavian prisons. [28] In 2017, Norwegian prison officials visited SCI Chester as part of a program with Drexel University in Philadelphia. [29] SCI Chester’s superintendent, its unit manager, and various other correctional officials then visited prisons across Sweden, Norway, and Denmark in 2019. [30] Little Scandinavia’s conceptualization occurred shortly after. In March 2020, six SCI Chester prisoners, all of whom are sentenced to life, moved into Little Scandinavia as a test run. [31] The COVID-19 pandemic caused Little Scandinavia’s finalization to be put on hold, but SCI Chester cemented the project’s policies and layout in mid-2022. [32] In May 2022, the prison selected twenty-nine additional people from its general population to move into the wing. [33] Little Scandinavia contains sixty-four single cells, a communal kitchen, and a landscaped green space. [34] The unit’s common space features a large fish tank, as well as foosball and air hockey tables. [35] Those housed in Little Scandinavia can place orders with a local grocery store and purchase fresh foods, which is extremely uncommon in American prisons. [36] The wing’s low staff-to-prisoner ratio mirrors ratios seen in Scandinavian prisons; there is about one officer per eight residents. [37]

While many states have begun to mimic the Scandinavian countries’ approaches to incarceration, it is debatable whether those countries’ approaches are as progressive as they claim to be. Certainly, their practices are generally much more humane than those seen in American prisons. However, the Scandinavian countries are not saints.

In 2019, the United Nations (“UN”) criticized Norway’s policies regarding solitary confinement. [38] The UN’s Standard Minimum Rules for the Treatment of Prisoners (often referred to as the Nelson Mandela Rules) prohibit confinement for twenty-two or more hours per day for more than fifteen consecutive days. [39] Sweden and Denmark have laws prohibiting the confinement of incarcerated persons for more than twelve hours a day, but Norway has no national legislation limiting the use of solitary confinement in its correctional facilities. [40] Instead, each prison section has the power to determine which prisoners are allowed out of their cells and for how long. [41] A report done by Norway’s own Correctional Service estimated that one in four Norwegian prisoners is locked in their cell for at least sixteen hours a day. [42] Since it is possible that the Correctional Services wanted its report to be favorable toward itself, the number may be even higher. Further, generally accepted international standards declare that medical personnel should visit those in solitary confinement every day; yet, Norway has enacted no national legislation to enforce this standard. [43]

The UN has also censured Sweden for its use of solitary confinement. In a 2021 report, the UN’s Committee Against Torture called for Sweden to restrict its use of solitary confinement in general and to discontinue subjecting minors to it. [44] The Committee also criticized Sweden for its lack of restrictions on pretrial detentions. [45] In 2014, the country had no law limiting the amount of time a person could be detained before trial; it has since instituted a nine-month limitation, which the Committee sees as a promising step toward further reform. [46]

Both Norway and Sweden should be commended for being among those countries leading the prison reform movement, but how much of a positive impact do bright colors and plants actually have on prisoners? One study conducted with incarcerated persons in Norway’s Halden Prison suggests that the impact is much lower than most people expect. [47] As one prisoner succinctly stated,  “Yes, it looks nice. But it has nothing to do with our everyday perception of life.” [48] When asked whether Halden Prison’s atmosphere motivated him, another prisoner explained, “There is no such thing as motivation in squared walls.” [49] A vast majority of those surveyed reported that having their own cell was the most beneficial aspect of Halden Prison. [50] Unfortunately, it is very common for American prisons to house two people in a single cell. [51] In Rhodes v. Chapman, decided in 1981, the United States Supreme Court held that “double-bunking,” as the above practice is often called, is not a violation of the Eighth Amendment; that case has yet to be overruled. [52]

The United States ratified the International Covenant on Civil and Political Rights (“ICCPR”) in 1992. [53] The ICCPR holds that “the essential aim” of a penitentiary system must be the “reformation and social rehabilitation” of those incarcerated within it. [54] While the country has not fulfilled that aim thus far, the Scandinavian-inspired reforms that various States have implemented indicate that the nation is getting closer to doing so.

[1] Alexis Riep, The Effects of Culture and Punishment Philosophies on Recidivism: Comparing Prison Systems in the United States and Scandinavia (2019), https://encompass.eku.edu/cgi/viewcontent.cgi?article=1680&context=honors_theses.

[2] Id.; Sam Levin, Can California’s most notorious prison become a rehab center? Ex-residents weigh in, The Guardian (Mar. 21, 2023), https://www.theguardian.com/us-news/2023/mar/21/san-quentin-transformation-rehab-center-thanh-tran-james-king-interview.

[3] Can California’s most notorious prison become a rehab center? supra, note 2; Sami Levin & Ashley Kilmer, ‘A Prison is a Prison’: Perspectives From Incarcerated Men on the Therapeutic and Punitive Aspects of Halden Prison in Norway, XX The Brit. J. of Criminology 1 (2022), https://doi.org/10.1093/bjc/azac054.

[4] Jordan M. Hyatt, Synøve N. Andersen, Steven L. Chanenson, Veronica Horowitz & Christopher Uggen, “We Can Actually Do This”: Adapting Scandinavian Correctional Culture in Pennsylvania, 58 Am. Crim. L. Rev. 1716 https://www.law.georgetown.edu/american-criminal-law-review/wp-content/uploads/sites/15/2021/07/58-4_Hyatt-et-al-We-Can-Actually-Do-This.pdf.; Jessica Benko, The Radical Humaneness of Norway’s Halden Prison, The New York Times Mag. (Mar. 26, 2015), https://www.nytimes.com/2015/03/29/magazine/the-radical-humaneness-of-norways-halden-prison.html.;  What We Can Learn From Norway’s Prison System: Rehabilitation & Recidivism, First Step Alliance (Jan. 3, 2022), https://www.firststepalliance.org/post/norway-prison-system-lessons.

[5] Bolorzul Dorjsuren, Norway’s Prison System Benefits Its Economy, The Borgen Project (last visited Apr. 6, 2023), https://borgenproject.org/norways-prison-system/.

[6] Norway, World Prison Brief (last visited Apr. 7, 2023), https://www.prisonstudies.org/country/norway.; Emily Widra & Tiana Herring, States of Incarceration: The Global Context 2021, Prison Policy Initiative (Sept. 2021), https://www.prisonpolicy.org/global/2021.html.

[7] Sweden, World Prison Brief (last visited Apr. 6, 2023), https://www.prisonstudies.org/country/sweden.

[8] Swedish correctional services: growing challenges in an era of change, Just. Trends (Mar. 21, 2022), https://justice-trends.press/swedish-correctional-services-growing-challenges-in-an-era-of-change/.

[9] Nick Baker & Annabelle Quince, Nordic criminal justice: How does it differ from Australia and does it work?, ABC News (Oct. 4, 2022), https://www.abc.net.au/news/2022-10-05/what-are-nordic-prisons-like-criminal-justice/101481590.

[10] E. Kuhlhorn, Nat’l Inst. of Just., Imprisonment and the Criminal Justice System in Sweden (1981), https://www.ojp.gov/ncjrs/virtual-library/abstracts/imprisonment-and-criminal-justice-system-sweden.

[11] Elin Hofverberg, Sweden: New Sentencing Rules Remove Exceptions for Young Offenders, Library of Congress (last visited Apr. 6, 2023), https://www.loc.gov/item/global-legal-monitor/2022-01-10/sweden-new-sentencing-rules-remove-exceptions-for-young-offenders/.

[12] Linnea Backman, New rules on abolished sentence reduction for young adults, The Referee Blog (Jan. 19, 2022), https://www.domarbloggen.se/nya-regler-om-slopad-straffreduktion-for-unga-myndiga/.

[13] E. Ann Carson, Bureau of Just. Stat., Prisoners in 2021 – Statistical Tables 13 (2022), https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf.

[14] E. Ann Carson, Bureau of Just. Stat., Prisoners in 2021 – Statistical Tables 1 (2022), https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf.

[15] Anita Chabria, California to transform infamous San Quentin prison with Scandinavian ideas, rehab focus, Los Angeles Times (Mar. 16, 2023), https://www.latimes.com/california/story/2023-03-16/newsom-wants-to-transform-san-quentin-using-a-scandinavian-model.; Amy Argetsinger, Renovation Plan for San Quentin Opposed, Wash. Post (Dec. 12, 2004), https://www.washingtonpost.com/archive/politics/2004/12/12/renovation-plan-for-san-quentin-opposed/0d814273-0d82-47b5-bd12-ad60fe62677e/.

[16] California to transform infamous San Quentin prison with Scandinavian ideas, rehab focus, supra, note 16; Sophie Austin, California to overhaul San Quentin prison, emphasizing rehab, The Associated Press (Mar. 16, 2023), https://www.ktre.com/2023/03/17/california-transform-prison-with-death-row-legacy/.

[17] California to transform infamous San Quentin prison with Scandinavian ideas, rehab focus, supra, note 16; E. Ann Carson, Bureau of Just. Stat., Prisoners in 2021 – Statistical Tables 18 (2022), https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/p21st.pdf.

[18] California to overhaul San Quentin prison, emphasizing rehab, supra, note 17

[19] California to overhaul San Quentin prison, emphasizing rehab, supra, note 17

[20] California to transform infamous San Quentin prison with Scandinavian ideas, rehab focus, supra, note 16

[21] California to overhaul San Quentin prison, emphasizing rehab, supra, note 17

[22] Cinnamon Jazer, North Dakota Reforms its Prisons, Norwegian Style, U.S. News & World Report (Feb. 22, 2019), https://www.usnews.com/news/best-states/articles/2019-02-22/inspired-by-norways-approach-north-dakota-reforms-its-prisons.

[23] Id.; Cheryl Corley, North Dakota Prison Officials Think Outside The Box To Revamp Solitary Confinement, NPR (July 31, 2018), https://www.npr.org/2018/07/31/630602624/north-dakota-prison-officials-think-outside-the-box-to-revamp-solitary-confineme.

[24] North Dakota Prison Officials Think Outside The Box To Revamp Solitary Confinement, supra, note 24

[25] David H. Cloud, Dallas Augustine, Cyrus Ahalt, Craig Haney, Lisa Peterson, Colby Braun & Brie Williams, “We just needed to open the door”: a case study of the quest to end solitary confinement in North Dakota, 9 Health & Just. 28 (2001), https://healthandjusticejournal.biomedcentral.com/articles/10.1186/s40352-021-00155-5.

[26] North Dakota Prison Officials Think Outside The Box To Revamp Solitary Confinement, supra, note 24

[27] SCI Chester, Pennsylvania Dept. of Corr. (last visited Apr. 13, 2023), https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Chester.aspx.

[28] Focus on Rehabilitation: Pennsylvania Department Of Corrections Unveils ‘Little Scandinavia’At SCI Chester, Pennsylvania Pressroom,(May 5, 2022), https://www.media.pa.gov/pages/Corrections_details.aspx?newsid=541.

[29] Id.

[30] Id.

[31] The Crime Rep. Staff, ‘Little Scandinavia’ Transforms a Prison, The Crime Rep. (Oct. 11, 2022), https://thecrimereport.org/2022/10/11/little-scandinavia-transforms-a-u-s-prison/.

[32] Focus on Rehabilitation: Pennsylvania Department of Corrections Unveils ‘Little Scandinavia’ At SCI Chester, supra, note 29

[33] ‘Little Scandinavia’ Transforms a Prison, supra, note 32

[34] Focus on Rehabilitation: Pennsylvania Department of Corrections Unveils ‘Little Scandinavia’ At SCI Chester, supra, note 29

[35] Michael Kleiner, “Little Scandinavia” comes to Pennsylvania, The Norwegian Am. (June 21, 2022), https://www.norwegianamerican.com/little-scandinavia/.

[36] ‘Little Scandinavia’ Transforms a Prison, supra, note 32

[37] Id.

[38] Article from annual report 2019 – Special Report on Solitary Confinement in Norwegian Prisons (last visited Apr. 14, 2023), https://www.sivilombudet.no/en/news/prevention-torture/article-from-annual-report-2019-special-report-on-solitary-confinement-in-norwegian-prisons/.

[39] Id.

[40] Id.

[41] Id.

[42] Id.

[43] Id.

[44] Committe against torture asks Sweden to limit solitary confinement, The United Nations (Mar. 12, 2021), https://unric.org/en/committe-against-torture-asks-sweden-to-limit-solitary-confinement/.

[45] In Dialogue with Sweden, Experts of the Committee against Torture Commend the Implementation of Human Rights Standards and Ask about Pre-Trial Detention Conditions, The United Nations (Nov. 10, 2021), https://www.ohchr.org/en/press-releases/2021/11/dialogue-sweden-experts-committee-against-torture-commend-implementation.

[46] Id.

[47] ‘A Prison is a Prison’: Perspectives From Incarcerated Men on the Therupeutic and Punitive Aspects of Halden Prison in Norway, supra, note 3

[48] Id.

[49] Id.

[50] Id.

[51] Terrence P. Thornberry, Jack E. Call, Charles R. Swanson, Margaret M. Shedd & Sam Mitchell, Overcrowding in American Prisons: Policy Implications of Double-Bunking in Single Cells, Nat’l Inst. of Corr. (1982), https://www.ojp.gov/pdffiles1/Digitization/85969NCJRS.pdf.

[52]  Rhodes v. Chapman, 452 U.S. 337, 347-348 (1981).

[53] Kristina Ash, U.S. Reservations to the International Covenant on Civil and Political Rights: Credibility Maximization and Global Influence, 3 N.W. J. of Int’l Hum. Rts. 1 (2005), https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1018&context=njihr.

[54] International Covenant on Civil and Political Rights, Dec. 19, 1966, 999 U.N.T.S. 14668