The Utility of Remorse in the Criminal Justice System: A Qualitative Study of U.S. Judges

• In Event: Psychology, Social Contexts, and Decision-making in Courts

Abstract

The role of remorse in the criminal justice system is often examined through the lens of sentencing and rehabilitation. Frequently preoccupied with debates on what remorse looks like and attempts to distinguish genuine sincerity from inauthentic fluff, the benefits and utility of remorse often fall secondary to its skepticism. Highlighting the versatility and usefulness of remorse as a tool within the criminal justice system, this paper uses qualitative interviews with state court judges from across the U.S. to explore the utility of remorse for victims, defendants, and judges, who serve as representatives of greater society. The analysis provides a dynamic overview of how remorse is used by these different parties to provide positive perceptions of closure, reflexivity, and safety. Through these various lenses, this work finds that the subjective and complex nature of remorse may be a strength in its application within the criminal justice system.

Authors

• Emily Greberman, Rutgers University

• Colleen Berryessa, Rutgers University