Remorse and Criminal Justice

Steven Tudor is a Senior Lecturer in the Law School at La Trobe University, Australia. He has also worked as a lawyer and as a public servant for the Victorian state government, specialising criminal law policy and reform issues. His PhD was in philosophy and his research interests mostly concern the philosophical aspects of criminal law, especially issues relating to emotions and conscience. Richard Weisman is Professor Emeritus, Law and Society Program, Department of Social Science, York University, Toronto, Canada. For the past two decades, his research has centered on exploring the interpenetration of law and moral regulation as well as the interrelationship between legal discourse and popular discourse. Michael Proeve is a Senior Lecturer in the School of Psychology at the University of Adelaide, and a forensic and clinical psychologist. He has also worked as a practising psychologist for the Victorian and South Australian governments and in private practice and as a manager of treatment services in several correctional settings. His PhD concerned remorse as an internal and interpersonal emotion, and his published works concern remorse, shame, risk assessment, and mindfulness. Kate Rossmanith is an author, essayist and academic. Her background is in anthropology, performance studies and creative writing, and she researches the role of emotion, enactment and narrative in legal contexts. She is an Associate Professor of Media and Cultural Studies at Macquarie University, Sydney.

• Introduction Part I: Judging RemorseChapter 1: Remorse and JudgingChapter 2: Remorse and Sentencing in a World of Plea BargainingChapter 3: Temporary Irresponsibility, Foolish Mistakes, and Outright Villains: Narratives of Remorse in Sexual Assault TrialsChapter 4: Reflections on the Grey Zone: ‘Sort of Remorseful’ OffendersChapter 5: Cranking the Sausage Machine: A Magistrate’s Perspective on Remorse AssessmentPart II: Remorse Beyond the CourtroomChapter 6: Remorse, Probation and the StateChapter 7: Long Haul Remorse: The Continuous Performance of Repentance Throughout Prison SentencesChapter 8: Perceptions of Remorse in Forensic PatientsChapter 9: Remorse on Death RowPart III: Remorse, War and Social TraumaChapter 10: Remorse in International Criminal Justice: Sentencing, Offender Rehabilitation and Reintegration: A Case Study of the International Tribunal for the Former YugoslaviaChapter 11: Remorse as Ethical Encounter and the Impossibility of RepairPart IV: ReflectionsChapter 12: Reflections on Researching Remorse: Unearthing an Epistemological Unconscious

"Remorse permeates the entire criminal justice system, affecting decisions from policing through to parole. This unique collection of essays explores the role and consequences of remorse, drawing on a range of perspectives and disciplines. It will interest scholars across many jurisdictions, and indeed to anyone with an interest in criminal justice."Julian Roberts, Professor of Criminology, University of Oxford, UK"As a sentencing judge who wrestles daily with questions of whether and how to detect remorse in a highly multicultural courtroom, Part 1 – Judging Remorse - is particularly helpful in offering theoretical and practical guidance to beleaguered lawyers and judges. This excellent text should be provided to every new judge."Justice David P. Cole, Ontario Court of Justice, Toronto, Canada"Bringing remorse in from the sidelines of scholarly and policy interest `Remorse and Criminal Justice' untangles the place of this complex emotion in criminal courts and beyond. With depth and urgency, a stellar mix of authors and chapters addresses the performance, expression, experience and assessment of remorse. An essential resource for practitioners, the collection enriches law and emotion scholarship." Sharyn Roach Anleu, Matthew Flinders Distinguished Professor, Flinders University, Australia