Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility


Book Description

This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.




Guilt, Responsibility, and Denial


Book Description

When the regime led by Slobodan Milošević came to an end in October 2000, expectations for social transformation in Serbia and the rest of the Balkans were high. The international community declared that an era of human rights had begun, while domestic actors hoped that the conditions that had made a violent dictatorship possible could be eliminated. More than a decade after the International Criminal Tribunal for the Former Yugoslavia initiated the process of bringing violators of international humanitarian law to justice, significant legal precedents and facts have been established, yet considerable gaps in the historical record, along with denial and disagreements, continue to exist in the public memory of the Yugoslav wars. Guilt, Responsibility, and Denial sets out to trace the political, social, and moral challenges that Serbia faced from 2000 onward, offering an empirically rich and theoretically broad account of what was demanded of the country's citizens as well its political leadership—and how these challenges were alternately confronted and ignored. Eric Gordy makes extensive use of Serbian media to capture the internal debate surrounding the legacy of the country's war crimes, providing one of the first studies to examine international institutional efforts to build a set of public memories alongside domestic Serbian political reaction. By combining news accounts, courtroom transcripts, online discussions, and his own field research, Gordy explores how the conflicts and crimes that were committed under Milošević came to be understood by the people of Serbia and, more broadly, how projects of transitional justice affect the ways society faces issues of guilt and responsibility. In charting the legal, political, and cultural forces that shape public memory, Guilt, Responsibility, and Denial promises to become a standard resource for studies of Serbia as well as the workings of international and domestic justice in dealing with the aftermath of war crimes.




The Construction of Guilt in China


Book Description

Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.




Guilt


Book Description

"The book investigates the role of guilt in the global discussion over locally specific legacies of mass violence and injustice. Guilt is an indispensable element in human social and emotional life that surfaces as a central phenomenon in the cultural politics of memory, transitional justice, and the aftermath of violence. The nuances and complexities of various national and historical guilt configurations fosters insight into guilt's transformative possibilities. The book interweaves specific case studies with broader theoretical reflections on the conditions that turn the emotional, legal, and cultural phenomenon of guilt into a culturally transformative dynamic that repairs relationships, equalizes power dynamics, demands new social orders, and creates literary, artistic, and religious productions and performances. The authors examine different case studies on the basis of discipline-specific definitions of guilt, ranging from psychology to law, philosophy to literature, religion, history and anthropology. The contributors generally approach guilt less as a personal emotion than as a socio-legal, moral and culturally ambivalent force that mandates ritual performance, political negotiation, legal adjudication, artistic and literary representation, as well as intergenerational transmission. The book calls for a more nuanced understanding of the world's-and of history's-diversity of guilt concepts and the cultivation of cultural strategies to negotiate guilt relations in specific religious, cultural, and local ways"--




Remorse and Reparation


Book Description

`Remorse, or rather the lack of it, frequently features in banner headlines. But there is little systematic study of this important interdisciplinary topic whose relevance has extensive social ramifications. The complex relationship between remorse, shame guilt and attempts at reparation, are discussed in this authoritative work. This volume is the first comprehensive attempt to bring together both forensic clinicians and those working within the criminal justice system.' - New Life `Familiar though they are in literature, religion and philosophy, the phenomena of remorse and reparation are rarely explored in either the theory or practice of forensic psychotherapy. This book begins to address those omissions, dealing with clinical and legal questions and ranging widely over political, philosophical, sociological and artistic perspectives...Remorse and Reparation is very much the expression of Murray Cox's particular, and unique, talent. He would have been proud of this, his last book, even though he did not live long enough to supervise its publication. Murray has brought together authors from different disciplines to convey a myriad of views. Although occasionally contradictory, the impacts of original insights presented from several different perspectives can be stunning. This book will be a valuable addition to the literature of any forensic institution.' - British Journal of Psychiatry `This is a book all magistrates, probation officers and QPMs should read. It consists of 15 short and mostly readable essays, looking at a little-considered aspect of human experience from medical, legal, sociological and philosophical points of view. The case studies quoted are very much to the point ... Two essays particularly impressed me. David Tidmarsh, now of the Parole Board, was formerly on the staff of Broadmoor Hospital. He draws attention to the lack of reference to remorse in the Board's remit, which is concerned only with risk ... John Harding of the Inner London Probation Service quotes examples, including two well-known ones from Barlinnie, where moral reformation has occurred.' - Newsletter of Quakers in Criminal Justice Remorse, or rather the lack of it, frequently features in banner headlines. But there is little systematic study of this important inter-disciplinary topic whose relevance has extensive social ramifications. Should a show of remorse by an offender be taken into account in sentencing? Is there a correlation between the experience of remorse and a diminished likelihood of re-offending? And is there a correlation between the experience and the expression of remorse? Such questions, and the complex relationship between remorse, shame, guilt and attempts at reparation, are discussed in this authoritative work. This volume is the first comprehensive attempt to bring together both forensic clinicians and those working within the criminal justice system. There is also a series of chapters by those writing from the adjacent complementary disciplines of moral philosophy, classics, Shakespeare studies, sociology and anthropology.




Case Studies of Famous Trials and the Construction of Guilt and Innocence


Book Description

From the trials of Oscar Pistorius to O.J. Simpson and Michael Jackson, this innovative book provides a critical review of 11 high profile criminal cases. These case studies examine how ‘guilt’ and ‘innocence’ are constructed in the courts and in wider society, using the themes of evidence and narratives; credibility; rhetoric and oratory in the court room; social status; vulnerability and false confessions; diminished responsibility and the media and social judgments. Written for criminology, sociology, law, and criminal justice students, the book includes: • exercises to extend thinking on each case; • recommended readings for studying the cases and concepts discussed in each chapter; • an extensive specialist reference list including web links to videos and transcripts pertaining to many of the cases discussed in the book. The book delivers an accessible examination of the criminological, sociological, psychological and legal processes underpinning the outcome of criminal cases, and their representation in the media and wider society.




Remorse, Penal Theory and Sentencing


Book Description

This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.




Research Handbook on the Sociology of Organizations


Book Description

With original contributions from leading experts in the field, this cutting-edge Research Handbook combines theoretical advancement with the newest empirical research to explore the sociology of organizations. While including the traditional study of formal, corporate business organizations, the Handbook also explores more transitory, informal grassroots organizations, such as NGOs and artist communities.




Democracy in the Political Present


Book Description

“Presentist democracy is without a people and without nation. Rather than regimes of borders and migration, its borders are sexism and racism, homo- and transphobia, colonialism and extractivism.” In the midst of the crises and threats to liberal democracy, Isabell Lorey develops a democracy in the present tense; one which breaks open political certainties and linear concepts of progress and growth. Her queer feminist political theory formulates a fundamental critique of masculinist concepts of the people, representation, institutions, and the multitude. In doing so, she unfolds an original concept of a presentist democracy based on care and interrelatedness, on the irreducibility of responsibilities—one which cannot be conceived of without social movements’ past struggles and current practices.