So You're Sorry? the Role of Remorse in Criminal Law

Journal of the American Academy of Psychiatry and the Law, 42, 39-48 (2014)

10 Pages Posted: 2 Aug 2015

See all articles by Rocksheng Zhong

Rocksheng Zhong

University of Pennsylvania

Madelon Baranoski

Yale University - Department of Psychiatry

Neal Feigenson

Quinnipiac University - School of Law

Larry Davidson

Yale University

Alec Buchanan

Yale University

Howard Zonana

Yale University

Date Written: July 31, 2015

Abstract

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. After approval of the study design by the institutional review board, 23 judges were interviewed in an open-ended format. Transcriptions of these audio-recorded sessions were analyzed phenomenologically by the research team, using the method of narrative summary. The results showed that the judges varied widely in their opinions on the way remorse should be assessed and its relevance in judicial decision-making. They agreed that the relevance of remorse varied by type of crime and the stage of the proceedings. The indicators of remorse for some judges were the same as those that indicated the lack of remorse for others. All the judges recognized that assessment of remorse, as well as judicial decision-making in general, must be altered for defendants with mental illness. The judges varied in their views of the relevance of psychiatric assessments in determining remorse, although most acknowledged a role for forensic psychiatrists.

Keywords: remorse, sentencing, criminal law, judges

Suggested Citation

Zhong, Rocksheng and Baranoski, Madelon and Feigenson, Neal and Davidson, Larry and Buchanan, Alec and Zonana, Howard, So You're Sorry? the Role of Remorse in Criminal Law (July 31, 2015). Journal of the American Academy of Psychiatry and the Law, 42, 39-48 (2014), Available at SSRN: https://ssrn.com/abstract=2638357

Rocksheng Zhong

University of Pennsylvania ( email )

Philadelphia, PA 19104
United States

Madelon Baranoski

Yale University - Department of Psychiatry ( email )

New Haven, CT 06520
United States

Neal Feigenson (Contact Author)

Quinnipiac University - School of Law ( email )

275 Mt. Carmel Ave.
Hamden, CT 06518
United States

Larry Davidson

Yale University ( email )

493 College St
New Haven, CT CT 06520
United States

Alec Buchanan

Yale University ( email )

493 College St
New Haven, CT CT 06520
United States

Howard Zonana

Yale University ( email )

493 College St
New Haven, CT CT 06520
United States

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