Remorse and Criminal Justice

Remorse and Criminal Justice

Author: Steven Tudor

Publisher: Routledge

Published: 2021-11-29

Total Pages: 314

ISBN-13: 0429673019

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This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.


Book Synopsis Remorse and Criminal Justice by : Steven Tudor

Download or read book Remorse and Criminal Justice written by Steven Tudor and published by Routledge. This book was released on 2021-11-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.

Showing Remorse

Showing Remorse

Author: Richard Weisman

Publisher: Routledge

Published: 2016-04-01

Total Pages: 158

ISBN-13: 1317055098

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Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.


Book Synopsis Showing Remorse by : Richard Weisman

Download or read book Showing Remorse written by Richard Weisman and published by Routledge. This book was released on 2016-04-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.

No Remorse

No Remorse

Author: Jacqueline B. Helfgott

Publisher: Bloomsbury Publishing USA

Published: 2018-11-09

Total Pages: 356

ISBN-13:

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An in-depth interdisciplinary perspective on psychopathy suitable for those interested in criminology and criminal justice, sociology, psychology, anthropology, and other social science as well as general knowledge. An innovative and indispensable resource for those wishing to investigate how and why psychopathy is important in understanding criminal behavior and its response, No Remorse: Psychopathy and Criminal Justice provides a comprehensive examination of the empirical research and cultural understanding of psychopathy. The book examines ways in which the construct and concept of psychopathy have made their way into criminological theory and criminal justice practice. It offers a focused look at how the term "psychopath" is used and understood in law enforcement, the courts, corrections, victim services, and juvenile justice. Additionally, it examines historical, research, and cultural perspectives on psychopathy for understanding criminal behavior, exploring theories of and research into psychopaths, psychopathy and gender, and representations of psychopaths in film and literature.


Book Synopsis No Remorse by : Jacqueline B. Helfgott

Download or read book No Remorse written by Jacqueline B. Helfgott and published by Bloomsbury Publishing USA. This book was released on 2018-11-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth interdisciplinary perspective on psychopathy suitable for those interested in criminology and criminal justice, sociology, psychology, anthropology, and other social science as well as general knowledge. An innovative and indispensable resource for those wishing to investigate how and why psychopathy is important in understanding criminal behavior and its response, No Remorse: Psychopathy and Criminal Justice provides a comprehensive examination of the empirical research and cultural understanding of psychopathy. The book examines ways in which the construct and concept of psychopathy have made their way into criminological theory and criminal justice practice. It offers a focused look at how the term "psychopath" is used and understood in law enforcement, the courts, corrections, victim services, and juvenile justice. Additionally, it examines historical, research, and cultural perspectives on psychopathy for understanding criminal behavior, exploring theories of and research into psychopaths, psychopathy and gender, and representations of psychopaths in film and literature.

Remorse, Penal Theory and Sentencing

Remorse, Penal Theory and Sentencing

Author: Hannah Maslen

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 232

ISBN-13: 1782258949

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This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.


Book Synopsis Remorse, Penal Theory and Sentencing by : Hannah Maslen

Download or read book Remorse, Penal Theory and Sentencing written by Hannah Maslen and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.

Remorse

Remorse

Author: Michael Proeve

Publisher: Routledge

Published: 2016-04-08

Total Pages: 264

ISBN-13: 1317066642

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Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.


Book Synopsis Remorse by : Michael Proeve

Download or read book Remorse written by Michael Proeve and published by Routledge. This book was released on 2016-04-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.

The Machinery of Criminal Justice

The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

Published: 2012-04-26

Total Pages: 318

ISBN-13: 0195374681

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The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.


Book Synopsis The Machinery of Criminal Justice by : Stephanos Bibas

Download or read book The Machinery of Criminal Justice written by Stephanos Bibas and published by Oxford University Press. This book was released on 2012-04-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

Restorative Justice: Theoretical Foundations

Restorative Justice: Theoretical Foundations

Author: Elmar G. M. Weitekamp

Publisher: Routledge

Published: 2012-12-06

Total Pages: 373

ISBN-13: 1135999511

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This title explores the theoretical foundations of restorative justice. It looks at restorative justice philosophy and the ways in which models have been applied to adults, corporate crime, family violence and to cases of extreme violence.


Book Synopsis Restorative Justice: Theoretical Foundations by : Elmar G. M. Weitekamp

Download or read book Restorative Justice: Theoretical Foundations written by Elmar G. M. Weitekamp and published by Routledge. This book was released on 2012-12-06 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the theoretical foundations of restorative justice. It looks at restorative justice philosophy and the ways in which models have been applied to adults, corporate crime, family violence and to cases of extreme violence.

Court of Remorse

Court of Remorse

Author: Thierry Cruvellier

Publisher: Univ of Wisconsin Press

Published: 2010-08-05

Total Pages: 205

ISBN-13: 0299236730

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When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries


Book Synopsis Court of Remorse by : Thierry Cruvellier

Download or read book Court of Remorse written by Thierry Cruvellier and published by Univ of Wisconsin Press. This book was released on 2010-08-05 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries

Just Emotions

Just Emotions

Author: Meredith Rossner

Publisher: OUP Oxford

Published: 2013-10

Total Pages: 0

ISBN-13: 9780199655045

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Analyses how restorative justice conferences work as a unique form of justice ritual, with a pioneering new approach to the micro-level study of conferences and recommendations to improve the practice. It examines both failed and successful rituals, and provides a statistical model of the ritual elements and how these may impact reoffending.


Book Synopsis Just Emotions by : Meredith Rossner

Download or read book Just Emotions written by Meredith Rossner and published by OUP Oxford. This book was released on 2013-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how restorative justice conferences work as a unique form of justice ritual, with a pioneering new approach to the micro-level study of conferences and recommendations to improve the practice. It examines both failed and successful rituals, and provides a statistical model of the ritual elements and how these may impact reoffending.

Crime, Shame and Reintegration

Crime, Shame and Reintegration

Author: John Braithwaite

Publisher: Cambridge University Press

Published: 1989-03-23

Total Pages: 242

ISBN-13: 9780521356688

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Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.


Book Synopsis Crime, Shame and Reintegration by : John Braithwaite

Download or read book Crime, Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.