Remorse And Criminal Justice

Author : Steven Tudor,Richard Weisman,Michael Proeve,Kate Rossmanith
Publisher : Routledge
Page : 314 pages
File Size : 47,5 Mb
Release : 2021-11-29
Category : Law
ISBN : 9780429673016

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Remorse and Criminal Justice by Steven Tudor,Richard Weisman,Michael Proeve,Kate Rossmanith Pdf

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 : Richard Weisman
Publisher : Routledge
Page : 158 pages
File Size : 48,5 Mb
Release : 2016-04-01
Category : Social Science
ISBN : 9781317055099

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Showing Remorse by Richard Weisman Pdf

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 : Michael Proeve,Steven Tudor
Publisher : Routledge
Page : 264 pages
File Size : 46,9 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781317066644

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Remorse by Michael Proeve,Steven Tudor Pdf

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 : Stewart Field,Cyrus Tata
Publisher : Bloomsbury Publishing
Page : 279 pages
File Size : 51,9 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509939923

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Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility by Stewart Field,Cyrus Tata Pdf

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 : Hannah Maslen
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 50,8 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782258940

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Remorse, Penal Theory and Sentencing by Hannah Maslen Pdf

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 : Jacqueline B. Helfgott
Publisher : Bloomsbury Publishing USA
Page : 356 pages
File Size : 49,9 Mb
Release : 2018-11-09
Category : Social Science
ISBN : 9798216123514

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No Remorse by Jacqueline B. Helfgott Pdf

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.

Author : Judy Eaton
Publisher : Taylor & Francis
Page : 95 pages
File Size : 53,5 Mb
Release : 2023-10-31
Category : Psychology
ISBN : 9781003826651

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Apologies from Death Row by Judy Eaton Pdf

Apologies from Death Row explores the notion of remorse, apologies, and forgiveness within the context of capital punishment in the United States, through the final words of offenders on death row, and the covictims’ responses to them in their statements to the press after witnessing the execution. The book demonstrates that there is evidence that some offenders on death row are truly remorseful and that some of the family members of their victims could benefit from this remorse, but that this is unlikely in the current system of capital punishment. Drawing from the fields of criminology, psychology, and sociology, the book begins with a theoretically informed introduction to the concepts of remorse and forgiveness, followed by an exploration of apology and forgiveness specifically in the context of capital punishment. It discusses how some initiatives within the criminal justice system, such as apology laws and restorative justice programmes, are being used to make it easier for offenders to apologize to their victims. Offenders on death row are considered, addressing why they might or might not apologize, and whether they are even capable of showing true remorse. The book then considers the family members of their victims ("covictims"), addressing whether they benefit from hearing the offender express remorse and witnessing the execution, and whether forgiveness is possible in this context. Evidence to support the arguments presented in the book come from the offenders’ final words and the covictims’ responses to them in their statements to the press. The book dispels two common myths about the death penalty. First, it shows that offenders on death row are not simply "monsters" who are incapable of understanding the severity of their crimes. Second, it provides evidence that, despite the popular belief that the death penalty is necessary in order to provide closure for the victims’ family members, it may actually have the opposite effect. The family members’ statements to the press after witnessing the execution contain more negative themes like anger and disappointment than positive themes like closure and peace. The book concludes with a discussion of the implications this has for systems of justice in general, and how a better understanding of the emotional state of offenders can help both victims and offenders. Apologies from Death Row will be of great interest to students and scholars of Criminology, Psychology, and Sociology.

Author : Stephanos Bibas
Publisher : Oxford University Press
Page : 318 pages
File Size : 48,8 Mb
Release : 2012-04-26
Category : Law
ISBN : 9780195374681

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The Machinery of Criminal Justice by Stephanos Bibas Pdf

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.

Author : Meredith Rossner
Publisher : OUP Oxford
Page : 0 pages
File Size : 43,7 Mb
Release : 2013-10
Category : Political Science
ISBN : 0199655049

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Just Emotions by Meredith Rossner Pdf

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.

Author : Elmar G. M. Weitekamp,Hans-Jürgen Kerner
Publisher : Routledge
Page : 373 pages
File Size : 42,7 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9781135999513

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Restorative Justice: Theoretical Foundations by Elmar G. M. Weitekamp,Hans-Jürgen Kerner Pdf

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.

Author : Thierry Cruvellier
Publisher : Univ of Wisconsin Press
Page : 205 pages
File Size : 42,9 Mb
Release : 2010-08-05
Category : Political Science
ISBN : 9780299236731

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Court of Remorse by Thierry Cruvellier Pdf

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

Author : June Price Tangney,Ronda L. Dearing
Publisher : Guilford Press
Page : 292 pages
File Size : 49,9 Mb
Release : 2003-11-01
Category : Psychology
ISBN : 1572309873

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Shame and Guilt by June Price Tangney,Ronda L. Dearing Pdf

This volume reports on the growing body of knowledge on shame and guilt, integrating findings from the authors' original research program with other data emerging from social, clinical, personality, and developmental psychology. Evidence is presented to demonstrate that these universally experienced affective phenomena have significant implications for many aspects of human functioning, with particular relevance for interpersonal relationships. --From publisher's description.

Author : Jacqueline B. Helfgott
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2009-09-01
Category : Electronic
ISBN : 1412904862

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No Remorse by Jacqueline B. Helfgott Pdf

Author : John Braithwaite
Publisher : Cambridge University Press
Page : 242 pages
File Size : 41,7 Mb
Release : 1989-03-23
Category : Biography & Autobiography
ISBN : 0521356687

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Crime, Shame and Reintegration by John Braithwaite Pdf

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.

Author : R A Duff
Publisher : Bloomsbury Publishing
Page : 342 pages
File Size : 49,9 Mb
Release : 2007-11-16
Category : Law
ISBN : 9781847317179

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Answering for Crime by R A Duff Pdf

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account.