Remorse, Rehabalitation and Forgiveness in Resentencing Proceedings

• In Event: Data in Indigent Defense: Vulnerable Populations and Rehabilitation

Abstract

Second look laws would allow courts to reconsider severe sentences for eligible incarcerated people based on their age or the length of time served. A major principle underlying second look laws is that people who once committed terrible, violent crimes have the capacity to change and transform so that permanent incarceration is unwarranted from a punishment perspective and is unnecessary to ensure public safety. Yet, the law is not clear about how to conceptualize change and transformation. Is remorse a necessary precursor for resentencing, and what expressions of remorse do courts find reliable and persuasive? Is rehabilitation a quantitative concept, demonstrated by the number of in-prison accomplishments, educational certificates, or the lack of prison infractions: or are there other, less quantifiable factors, that courts should consider? Is forgiveness or the lack thereof by victims and their families a relevant criteria in the second look process? This presentation explores the role of remorse, rehabilitation, and forgiveness in the context of second look laws and the legal system.

Author

• Jessica Henry, Montclair State University