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Proeve and Tudor propose a working definition of remorse that includes several characteristics: a recognition that one has caused harm; an acceptance of responsibility for causing that harm; an
Mar 1, 2014 · The role of remorse in judicial decisions in the criminal justice system has been addressed in scholarship and remains controversial. The purpose of this qualitative research was to examine the views of sitting criminal judges on remorse, its assessment, and its relevance in their decision-making.
Remorse plays a significant role in in sentencing decisions. Its presence is frequently seen as a mitigating factor and its absence as an aggravating factor. However, there is a great deal of inconsistency within the courts as to what the nature of remorse is, how it can be identified, its value, and the impact it ought to
Oct 22, 2024 · Remorse is a complex emotion involving thoughts, feelings, and desires. This chapter focuses on the cognitive dimension of remorse—remorseful thoughts—and explores in particular the problem of remorseful criminal offenders whose insight into their offending is flawed or problematic in some way.
- Purpose of the Investigation
- Results
- Discussion
- Conclusion
- Acknowledgments
The legal debate concerning the relevance of re-morse in criminal law aside, forensic psychiatrists are frequently asked to assess its expression, either di-rectly or indirectly, in criminal cases. Forensic psy-chiatric evaluations that examine individuals’ appre-ciation of wrongfulness, their insight into their own behavior, or even their apprecia...
The judges generally concurred with the proposed definition of remorse, with some revisions and ex-pansions: remorse is a “blending of emotions and belief or reason” or a “fundamental regret for self-accusatory consciousness of guilt”; it includes “an appreciation of the impact on the victim”; it can be directed toward others beyond the victim (e.g...
The key finding in this study was that the judges did not express uniform views about remorse, its as-sessment, or its relevance to the judicial process. Nev-ertheless, they all had strong views about it, and all recognized that the question of how it should affect legal decisions is a relevant one. The variation in their answers mirrors many of th...
The results of this study allow us to conclude that judges are thoughtful about remorse. Most of our respondents considered it a relevant and even essen-tial factor in their decisions about sentencing; most expressed some doubts in their confidence in assess-ing genuine remorse; and most saw a role for forensic psychiatric expertise. Although more ...
This research would not have been possible without the gracious assistance of our legal consultants, Mary Galvin, Linda Lager, Linda Meyer, Paul Thomas, and Stephen Wizner, as well as the State of Connecticut Judicial Branch. We also thank other mem-bers of the research group, including Josephine Buchanan, Mark Mercurio, and the Yale Law and Psychi...
Firstly, in anticipation of plea bargaining, it is strategically rational for the defence to take a tough, remorseless stance in the expectation of gaining concessions or the case even collapsing later. Secondly, an expression of remorse can be thought to weaken the defence’s bargaining hand.
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After surveying the many practical difficulties sentencing judges must confront in determining whether the offenders who appear before them are genuinely remorseful, recent dialogical accounts of remorse-based sentence reductions are examined.
