Constructing Remorse

Judges' Sentencing Decisions in Child Sexual Assault Cases

Bibliographic Data

ID2350201
AuthorsLinda A Wood (University of Guelph, Ontario, Canada, ., corresponding author), Clare Macmartin (0009-0009-7199-6574, University of Guelph, Ontario, Canada)
Year2007
Volume26
Issue4
Pages343-362
Publication date2007-12-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Language and Social Psychology (JOURNAL)
Journal identifiersISSN: 0261-927X • E-ISSN: 1552-6526
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/0261927x07306979
OpenAlexW2055003859
LanguageEN
Citations received11
References cited12

Remorse is an important consideration in sentencing, but the process of designating remorse has received little direct research attention. Using discursive psychology, the authors examine sentencing decisions in 74 cases of child sexual assault to identify the practices involved in judges' constructions of remorse. As expected, guilty pleas are used as evidence of remorse and vice versa. However, the judges do a good deal of additional work to support their assessments, particularly in cases that are exceptions to the pattern. Judges use text citation, appearance-reality contrasts, references to stake and interest, and other fact-construction devices, but there is variability in the devices that are selected and flexibility in how they are used. The authors discuss the problem of distinguishing appearance and reality and the possibility of omitting remorse as a mitigating factor but conclude that the discursive reformulation of the notion of remorse provides a viable alternative

Blame · Remorse · Computer Science · Deception detection and forensic psychology · Jury Decision Making Processes · Language, Discourse, Communication Strategies · Psychology · Social Psychology

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