Remorse in Context(s): A Qualitative Exploration of the Negotiation of Remorse and its Consequences

Social & Legal Studies, 2017 (This is a pre peer reviewed version of the published article)

34 Pages Posted: 1 Mar 2017 Last revised: 11 Mar 2017

See all articles by Irene van Oorschot

Irene van Oorschot

Erasmus University Rotterdam, Faculty of Social Sciences

Peter Mascini

Erasmus University Rotterdam (EUR) - Erasmus School of Law; Erasmus University Rotterdam (EUR) - Faculty of Social Sciences

Don Weenink

University of Amsterdam

Date Written: February 25, 2017

Abstract

The presence or absence of ‘signs of remorse’ is often understood to have consequences for judges’ sentencing decisions. However, these findings raise the questions, firstly, how ‘remorse’ is communicated and demonstrated by defendants within court settings, and secondly, whether remorse plays a uniform role across and between various offense and offender types. Drawing on ethnographic data gathered in a Dutch criminal court, we contextualize remorse to answer these questions. First, we embed the performance of remorse in the court context, where defendants have to negotiate potentially competing legal and moral narrative demands. Second, we draw attention to the context of three different typified whole-case narratives, within which defendants’ performances of remorse assume differential levels of importance. In doing so we seek to complicate binary portrayals of the role and consequences of remorse, arguing for a more holistic and narrative understanding of sentencing practices.

Keywords: Remorse, courtroom interaction, narrative, sentencing, ethnography, judicial decision-making

Suggested Citation

van Oorschot, Irene and Mascini, Peter and Weenink, Don, Remorse in Context(s): A Qualitative Exploration of the Negotiation of Remorse and its Consequences (February 25, 2017). Social & Legal Studies, 2017 (This is a pre peer reviewed version of the published article), Available at SSRN: https://ssrn.com/abstract=2923763

Irene Van Oorschot (Contact Author)

Erasmus University Rotterdam, Faculty of Social Sciences ( email )

Burgemeester Oudlaan 50
Rotterdam, 3062
Netherlands

Peter Mascini

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

Office: Sanders building, L7-23
3000 DR Rotterdam, 3000 DR
Netherlands
0031 622498090 (Phone)

HOME PAGE: http://https://www.eur.nl/people/peter-mascini/

Erasmus University Rotterdam (EUR) - Faculty of Social Sciences ( email )

Mandeville building, T7-18
3000 DR Rotterdam
Netherlands
0031622498090 (Phone)

HOME PAGE: http://https://www.eur.nl/people/peter-mascini/

Don Weenink

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

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