ABSTRACT

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.

part I|118 pages

Judging remorse

chapter 1|22 pages

Remorse and judging

chapter 3|30 pages

Temporary irresponsibility, foolish mistakes, and outright villains

Narratives of remorse in sexual assault trials

chapter 4|17 pages

Reflections on the grey zone

“Sort of remorseful” offenders

chapter 5|21 pages

Cranking the sausage machine

A magistrate's perspective on remorse assessment

part II|80 pages

Remorse beyond the courtroom

chapter 7|19 pages

Long haul remorse

The continuous performance of repentance throughout prison sentences 1

chapter 9|22 pages

Remorse on death row

part III|52 pages

Remorse, war and social trauma

chapter 10|27 pages

Remorse in international criminal justice

Sentencing, offender rehabilitation and reintegration: a case study of the international tribunal for the former Yugoslavia 1

part IV|20 pages

Reflections

chapter 12|19 pages

Reflections on researching remorse

Unearthing an epistemological unconscious 1