remorse-manuscript-socialandlegalstudies-websiteedition.doc

Yet the deeper importance of this criterion of

Info icon This preview shows pages 14–17. Sign up to view the full content.

View Full Document Right Arrow Icon
Yet, the deeper importance of this criterion of accepting responsibility is the control it exercises over the crime narrative or the narrative of the wrongdoing. As stated in one judgment, “there are many reported cases involving guilty pleas which, by itself, is a sign of remorse where there have been findings that there was not remorse in a factual sense and where there was found to be a lack of insight into conduct of question( R. v. E. M. S. [2003]: 8).” In this instance, the offender is viewed as lacking in remorse despite her guilty plea because she disagrees with the factual conclusions reached by the court. A labor arbitration hearing in which the griever is challenging the termination of his employment even more fully illustrates the control that the attribution of remorse exerts over the content of the conflict. In this instance, the worker in question, a health care aide at a nursing home, had been fired in part for his breach of fidelity when , after the death 14
Image of page 14

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

View Full Document Right Arrow Icon
of a resident, he had left a note that ‘could imply that the death was not accidental’ and that it may have been the result of understaffing. According to the employer, the worker had shown “defiance and disdain (towards the employer) and hence was not remorseful for his conduct( Re Meadow Park and CAW Local [2003]: 437).” In this case, the arbitrator concluded that while the worker’s ‘expressions of remorse’ were ‘tenuous’- that is, he did not admit that his actions were wrongful, “the absence of a clear acknowledgement that the home was … not understaffed the day (the resident) died(444)” gave support to what the worker had claimed. In other instances, however, failure to fully concur with all the charges that have been brought or unwillingness to accept without qualification the official version of the crime or the wrongdoing can be taken as a lack of remorse. In another case in which the employee who was dismissed wrote a letter in which he stated “I would like to express my deepest remorse, regret and most sincere apology for my behavior towards the company and (co-worker whom he physically attacked)( Re Accuride and C.A.W. Canada [2004]: 9),” the claim to remorse is rejected because the worker did not mention all the unacceptable actions in which he was found to have engaged. Similarly, claiming provocation by another worker when this has not been recognized by the court also will disqualify a claim to remorse. Acceptance of responsibility as a criterion for the attribution of remorse entails a full agreement with exactly how the crime or the wrongdoing has been conceived by the court or tribunal. But how do we know that this willingness to take responsibility and to throw one’s self open to the mercy of the court reflects the offender’s feelings about their own misconduct especially since these actions, if believed, will result in tangible benefits? It is here that 15
Image of page 15
the court looks to what I have referred to as the second component of remorse- the feelings that accompany this willingness to take responsibility for one’s misconduct. How
Image of page 16

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

View Full Document Right Arrow Icon
Image of page 17
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