Criminal Law and Philosophy 2 (3):269-272 (2008)

This article replies to some of Richard Lippke’s criticisms of my earlier article on the issue of whether remorse should mitigate sentence. I query whether remorse-based mitigation must always wait for signs of moral reform, and re-affirm that remorse is worthy of recognition in itself and not just for the moral reform it may bring. I also argue that, where delayed mitigation is appropriate, the task of ascertaining moral reform is not as dubious, practically or in principle, as Lippke maintains. I then confirm that my defence of the principle that remorse should mitigate sentence is not necessarily a defence of current practice
Keywords Mitigation  Moral reform  Remorse  Sentence reductions  Sentencing
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DOI 10.1007/s11572-008-9053-6
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