The New York Times International - 02.08.2019

(Dana P.) #1

T HE NEW YORK TIMES INTERNATIONAL EDITION FRIDAY, AUGUST 2, 2019| 13


Suppose that a public figure has said
or done something that many people
consider offensive, outrageous or
despicable — for example, lied about
his military service or insulted peo-
ple’s religious convictions. Should he
apologize?
Let’s assume that his goal is not to
be a good person, but only to improve
his standing — to increase the chance
that he will be elected, get confirmed
by the Senate or keep his job.
Recent evidence converges on a
simple answer: An apology is a risky
strategy.
A case in point, now receiving recon-
sideration as a result of recent report-
ing in The New Yorker about the alle-
gations against Al Franken. In re-
sponse to claims of inappropriate
physical contact with several women,
Mr. Franken, then a member of the
Senate, publicly apologized. But the
apology did not appear to do him much
good, and it might have fanned some
flames. Soon after apologizing, he was
forced to resign.
Mr. Franken’s
post-apology experi-
ence may not be so
exceptional. Accord-
ing to recent surveys
that I have con-
ducted, apologies do
not increase support
for people who have
said or done offen-
sive things.
Using Amazon’s
Mechanical Turk, a
service that allows
for rapid surveys, I recently presented
four distinct scenarios to four different
groups, each demographically diverse
and having about 300 people. Here
they are:
■ Suppose a nominee for attorney
general said a few years ago: “Gays
and lesbians are violating God’s will.
Marriage should be between Adam
and Eve, not Adam and Steve.”
■ Suppose a presidential candidate
said a few years ago, “People who
want to ban abortion just don’t care
about women.”
■ Suppose a nominee for secretary
of state said a few years ago, “I think
the United States should apologize for
the many terrible things that it has
done in the world.”
■ Suppose a presidential candidate
has been accused by a number of
women of inappropriate touching — of
getting too close to them, of hugging
them too much, of hugging them too
long. Some of the women said they felt
violated.
In all four cases, participants were
asked to suppose that the public figure
apologized for the statement or behav-
ior in question, and were asked

whether the apology would make them
more likely to support him or her, less
likely to do so, or neither less nor more
inclined to support the public figure.
In each and every scenario, the
percentage of people who became less
inclined to support the offender was
larger than the percentage who be-
came more inclined to do so. Stun-
ningly, the patterns were broadly
similar in all four cases — even though
different groups of people responded
to each of them and the statements or
actions would offend people of differ-
ent convictions.
In the case of the hypothetical nomi-
nee who disparaged same-sex mar-
riage, 37 percent said that they would
be less inclined to support the apolo-
gizing nominee; 22 percent said that
they would be more inclined; 41 per-
cent said neither.
In the abortion case, 36.5 percent
said that they would be less inclined to

support the apologizing candidate; 20
percent said that they would be more
inclined; 43.5 percent said neither.
In the case of the would-be secretary
of state, 41.5 percent said that they
would be less inclined to support the
apologizing nominee; 23 percent said
that they would be more inclined; 35.
percent said neither. In the case of
inappropriate touching, 29 percent
said that they would be less inclined to
support the apologizing candidate; 25
percent said that they would be more
inclined; 46 percent said neither.
In a diverse set of contexts, then, an
apology tended to decrease rather
than to increase overall support for
those who said or did things that many
people consider offensive. These find-
ings are in line with earlier work by
Richard Hanania, a research fellow at
Columbia University, who found that
apologies by public figures do not help
and can even backfire.

Why is that? It’s hard to say for
sure, but one reason may be that an
apology is like a confession. It makes
wrongdoing more salient. It can lead
people to think: “We thought he was a
jerk; now we know he is. He admits
it!”
That’s why an apology can increase
the antipathy of those who are inclined
to dislike a public figure. And for those
who are inclined to like him or her, an
admission of wrongdoing is not likely
to be a big plus, either. It may even
look like a sign of weakness. President
Trump, for one, is loath to apologize —
for anything — and his supporters
seem to love him for it.
To be sure, this research should be
taken as preliminary. The surveys I
have described are relatively small,
and despite the demographic diversity
of the various groups, they are not
nationally representative.
They also leave open questions.

Perhaps the real impact of apologies
occurs over weeks or months. The
content and context of the apology
surely matter. In some cases, a heart-
felt statement of contrition can be
essential if the goal is to make storm
clouds pass.
Whatever their effects, apologies
might be morally mandatory. As in
ordinary life, so in politics: They might
be a way of showing respect to those
who have been offended or hurt, and of
recognizing their fundamental dignity.
But the basic point remains. As a
matter of simple strategy, apologies
may not be a great idea. It is some-
times smarter for public figures to
remain silent — or to change the sub-
ject.

JAVIER JAÉN

Saying sorry
might be the
right thing to
do morally.
Politically?
Not so much.

Cass R. Sunstein


CASS R. SUNSTEINis a professor at Har-
vard Law School and the author, most
recently, of “Impeachment: A Citizen’s
Guide.”

In politics, apologies are for losers


An apology
can lead
people to
think: “We
thought he
was a jerk;
now we know
he is. He
admits it!”

Every 16 hours, a woman in the United
States is fatally shot by a current or
former partner. Intimate partner homi-
cide is one of the leading causes of
death for women in the country, with
nearly half of all murdered women
killed by a partner.
But there are steps that can be taken
to prevent more murders. Repeat
offenders are less likely to kill if they
are regularly monitored by law en-
forcement. In order to closely monitor
offenders, all states should create
comprehensive batterer databases to
track domestic abusers who repeat-
edly violate restraining orders. Cur-
rently, states vary significantly in how
they handle repeat violations. The
failure of law enforcement and district
attorney offices to communicate has
cost victims their lives.
High-risk, repeat offenders should
also be required to wear a GPS track-
ing device — in the form of an ankle
bracelet — when released on bail. With
this type of GPS tracker the police can
speak directly to the offender through
a built-in speakerphone. If an abuser
goes outside the permitted boundaries
or attempts to travel to the victim’s
home or job, the device sets off an
alarm. Both the police and the victim
are alerted.
Twenty-three states use such de-
vices, and have seen violence de-
crease. In Connecticut, there have
been virtually no domestic violence-
related homicides in the counties that
use these GPS devices since 2004,
when the state started to use GPS
trackers.
In a 2012 study, researchers from the
University of Illinois at Chicago and
Florida State University found that
batterers who were required to wear a
GPS device were less likely to violate a
restraining order or try to harm the

victim. The American Probation and
Parole Association has also reported
that better monitoring of offenders is
effective in reducing violence.
Victims of domestic abuse are fre-
quently blamed for not leaving their
abuser, a response that profoundly
ignores the fatal danger victims — and
their families — face when they leave
or attempt to leave. Currently, victims
have few ways to protect themselves.
Researchers at the University of Penn-
sylvania and the University of Califor-
nia, Los Angeles, School of Public
Health found that one-third of victims
were murdered within a month of

obtaining a restraining order. Abusers
often become more violent after a
victim leaves, when a restraining order
is issued or when they are released on
bail.
Domestic abuse frequently follows a
specific pattern of escalating violence,
often the precursor to a victim’s mur-
der, but batterers who repeatedly
violate restraining orders usually face
little to no punishment. Up to two-
thirds of restraining orders are vio-
lated in domestic violence cases.
Firearms play a significant role in
intimate partner homicide. But many
states don’t effectively monitor

whether a court order to surrender
firearms was followed. In order to
standardize the process, offenders who
are ordered to hand in their firearms
should be tracked and those who are
noncompliant should be reported to
the presiding judge.
Electronic monitoring raises some
questions about an individual’s right to
privacy. But the Supreme Court has
ruled that electronic tracking is within
the scope of the Fourth Amendment —
and many state courts have declared
that protecting domestic violence
victims’ lives requires the use of elec-
tronic surveillance.

Critics have voiced concerns about
the cost of GPS devices and their
technical glitches, which can make an
offender wrongly appear to be in vio-
lation of the terms of their release. But
the benefits of tracking repeat domes-
tic batterers, given the staggering
rates of intimate partner homicide, far
outweigh the limitations.
“Domestic violence homicides are
among the most predictable, and
therefore the most preventable, of all
homicides because there are patterns
that can be identified,” said Toni Troop,
the director of communications and
development for Jane Doe Inc.
Laura Aceves’s life could have been
saved if her batterer had been tracked.
Ms. Aceves was shot in the head, in
front of her 4-month-old baby, by her
ex-boyfriend, Victor Acuna-Sanchez, in
Arkansas. Mr. Acuna-Sanchez was out
on bail for multiple domestic assault
charges.
Long before Ms. Aceves was mur-
dered, Mr. Acuna-Sanchez terrorized
her and repeatedly broke the conditions
of his pretrial release. Three weeks
before he killed her, he was arrested for
violating a no-contact order. He was
released the following day. Mr. Acuna-
Sanchez was ordered to check in regu-
larly with his probation officer, but
never did. Arkansas law enforcement
never bothered to follow up.
To help determine potential lethality
of domestic abuse, Jacquelyn Camp-
bell, a domestic violence expert and a
professor at Johns Hopkins University,
created a 20-question risk-assessment
tool, but it hasn’t been put into practice
nationwide. The tool should be used in
each state to improve judges’ ability to
assess when electronic tracking is
needed.
Unchecked repeat offenders do not
relent. They won’t stop until they kill
their target. Heavier surveillance is
necessary to halt them.

Greater
surveillance
of domestic
abusers
protects their
victims from
escalating
violence.

When a restraining order fails, a GPS tracker can save lives


ILLUSTRATION NICHOLAS KONRAD; PHOTOGRAPH BY GETTY IMAGES

MISHA VALENCIAis a writer and clinician
who specializes in treating trauma.

Misha Valencia


Opinion


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