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Author: Richard Weisman
Publisher: Routledge
ISBN: 1317055098
Category : Social Science
Languages : en
Pages : 158
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Book Description
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.
Author: Richard Weisman
Publisher: Routledge
ISBN: 1317055098
Category : Social Science
Languages : en
Pages : 158
Get Book Here
Book Description
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.
Author: Stewart Field
Publisher: Bloomsbury Publishing
ISBN: 1509939938
Category : Law
Languages : en
Pages : 279
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Book Description
This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
Author: Steven Tudor
Publisher: Routledge
ISBN: 0429673019
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Hannah Maslen
Publisher: Bloomsbury Publishing
ISBN: 1782258930
Category : Law
Languages : en
Pages : 230
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Book Description
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.
Author: Anthony Bash
Publisher: Wipf and Stock Publishers
ISBN: 1725272342
Category : Religion
Languages : en
Pages : 297
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Book Description
Though the Christian church has a well-developed theology of Godward-facing remorse about sin, it has paid little attention to the interpersonal implications of the remorse that people feel when they wrong one another. Since the nineteenth century, important work has been done by psychologists, anthropologists, philosophers, ethicists, scientists, and lawyers that has implications for the way theologians might think about remorse. This book draws on the biblical record in its ancient settings as well as on insights from contemporary scholarship to offer a new and distinctively Christian contribution to an understanding of remorse.
Author: Michael Proeve
Publisher: Routledge
ISBN: 1317066642
Category : Social Science
Languages : en
Pages : 264
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Book Description
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.
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
ISBN: 1788119088
Category : Law
Languages : en
Pages : 635
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Book Description
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author: Brian H. Bornstein
Publisher: Oxford University Press
ISBN: 0190201363
Category : Psychology
Languages : en
Pages : 417
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Book Description
Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.
Author: Dennis Fried
Publisher: Eiffel Press
ISBN: 9780967933528
Category : Humor
Languages : en
Pages : 210
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Book Description
The long-awaited sequel to the pet/humor classic, Memoirs of a Papillon: The Canine Guide to Living with Humans without Going Mad. Genevieve unleashes a scathing analysis of human culture that will have sociologists all over the world looking for new jobs. This item is Returnable.
Author: María Bjerg
Publisher: Bloomsbury Publishing
ISBN: 135019395X
Category : History
Languages : en
Pages : 185
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Book Description
Revealing the lives of migrant couples and transnational households, this book explores the dark side of the history of migration in Argentina during the late 19th and early 20th centuries. Using court records, censuses, personal correspondence and a series of case studies, María Bjerg offers a portrayal of the emotional dynamics of transnational marital bonds and intimate relationships stretched across continents. Using microhistories and case studies, this book shows how migration affected marital bonds with loneliness, betrayal, fear and frustration. Focusing primarily on the emotional lives of Italian and Spanish migrants, this book explores bigamy, infidelity, adultery, domestic violence and murder within official and unofficial unions. It reveals the complexities of obligation, financial hardship, sacrifice and distance that came with migration, and explores how shame, jealousy, vengeance and disobedience led to the breaking of marital ties. Against a backdrop of changing cultural contexts Bjerg examines the emotional languages and practices used by adulterous women against their offended husbands, to justify domestic violence and as a defence against homicide. Demonstrating how migration was a powerful catalyst of change in emotional lives and in evolving social standards, Emotions and Migration in Early Twentieth-century Argentina reveals intimate and disordered lives at a time when female obedience and male honour were not only paramount, but exacerbated by distance and displacement.
