Apology in the Criminal Justice Setting: Evidence for Including Apology as an Additional Component in the Legal System

Behavioral Sciences and the Law, 20, 337-262 (2002)

27 Pages Posted: 3 Jun 2013

See all articles by Carrie Petrucci

Carrie Petrucci

Alliant International University

Date Written: 2002

Abstract

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apology and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process.

Keywords: apology, criminal justice, restorative justice, therapeutic jurisprudence

Suggested Citation

Petrucci, Carrie, Apology in the Criminal Justice Setting: Evidence for Including Apology as an Additional Component in the Legal System (2002). Behavioral Sciences and the Law, 20, 337-262 (2002), Available at SSRN: https://ssrn.com/abstract=2273200

Carrie Petrucci (Contact Author)

Alliant International University ( email )

2855 Michelle Drive
Suite 300
Irvine, CA 92606
United States

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