remorse-manuscript-socialandlegalstudies-websiteedition.doc

For purposes of citation i have referred the reader

Info icon This preview shows pages 35–38. Sign up to view the full content.

View Full Document Right Arrow Icon
For purposes of citation, I have referred the reader to published sources for the case in question and only when no published sources exists have I referred the reader to Lexis- Nexis. 3. Indeed, there is a substantial literature in forensic psychology that views as involuntary both the capacity and the incapacity to feel remorse. See, for example, Hare, 1998, on the pathology of not feeling moral emotions such as remorse and its manifestations in psychopathy. 4 . Thus serving a legitimating function similar to what Hay(1975) and Strange(1996) have suggested in their discussion of mercy. Remorse must be expressed in such a way as to justify the right of the state to use force against the accused- only after the accused has upheld the rightfulness of this use of force may the law mercifully decide against exercising this right. Hence, the usage preserves the official distinction between clemency and mercy(Kobil, 2007) with the former referring to punishment that is not deserved and the latter to punishment deserved but not imposed. 35
Image of page 35

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
5 . See Shadd Maruna and Heith Copes, “What Have We Learned from Five Decades of Neutralization Research?” (2005) 32 Crime and Justice 221 for recent reappraisal of this line of research. 6 . For nuanced discussion of moral emotions that try to distinguish whether between suffering that is empathic and suffering that is focused on the self, see Taylor, 1985 and Tudor, 2001. 7. Notable among recent contributions to this debate is Thomas Scheff’s work on shame- see especially, Scheff, 2000. 8 . P. (D.M.)(Re) ).O. J., 1989. I have relied on a case decided earlier than the other cases in my population because it offers the fullest elaboration of any of the judgements of how the feeling of remorse is expected to be communicated. 9 . These phrases are taken from the following cases respectively- Orca Bay Sports and Entertainment and Hotel, Restaurant, and Culinary Employees and Bartender Union, 2002 B.C.P.L.A.J., 902; Quality Meat Packer Ltd. and U.F.C. W. Local 175/633, Ontario, 2002, C.L.A.S.J.; R. v. Ervin , Alberta Ct. of Appeal, 2003; R. v. J.F.H., Ontario S. Ct. of Justice, 2002. 10. See Athens, 1995, for what is still one of the better discussions of the social processes involved in identity transformation; for some of the more well-known narratives of personal transformation among persons who were convicted of capital crimes in the US, see Beverly Lowry, 1992 and Louis Nizer, 1966- accounts of Karla Fae Tucker and Paul Crump, respectively. 11. A comparatively recent innovation in Canadian sentencing practices, the conditional sentence is intended to allow certain persons who have been convicted under the criminal 36
Image of page 36
code to serve their sentence at home instead of prison. The terms of reference are given in R. v. Proulx , 2000 at para. 113: “In determining whether restorative objectives can be satisfied in a particular case, the judge should consider the offender’s prospects of rehabilitation; the availability of appropriate community service and treatment programs; whether the offender has acknowleged his or her wrongdoing and expresses remorse…” CASES CITED Law Society of British Columbia v. Hanson
Image of page 37

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 38
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern