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

Edited by: Stewart Field, Cyrus Tata

ISBN13: 9781509968336
To be Published: November 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2023)
Price: £41.99
Hardback edition , ISBN13 9781509939916

Using empirical research including interviews with judicial officers and transcripts of in-court sentencing hearings, this book investigates the varied techniques through which criminal justice decision-makers assess defendants. In particular, it considers the normative expectations that criminal justice systems have of defendants: that they should admit guilt, accept individual responsibility, and, in the process, show particular kinds of emotions, especially the authentic demonstration of remorse.

The book makes use of distinctive critical questioning to move beyond the usual questions of 'how' remorse is expressed and what weight this carries, to more searching questions relating to 'why' expressions of remorse are deemed to be important in decision-making. It places a particular emphasis on both the practical importance of the management of emotions to the efficient disposal of cases and the political symbolism of particular ways of doing so. It focuses on the construction of the ideally remorseful defendant, and in doing so, interrogates a number of assumptions that are usually taken for granted.

With 13 contributors from the UK, Australia, Canada, France, Denmark, the Netherlands, and Slovenia, the collection comprises a diverse range of studies across different procedural and jurisdictional settings, opening up new comparative possibilities along the way.

Criminal Law, Criminology
1. Stewart Field and Cyrus Tata, Locating the Ideal Defendant: Power, Punishment and Place

Section I: Remorse, Responsibility and the Citizen
2. Richard Weisman, Surrender and Resistance in the Showing of Remorse - What Law Teaches Us About a Moral Emotion
3. Stewart Field, Remorse, Responsibility and the Unique Individual: the Enactment of Political Cultures before the French Cour d'Assises

Section II: Showing Remorse and Responsibility: Constructing the Ideal Defendant
4. Sharyn Roach Anleu and Kathy Mack, Emotion, Feeling Rules and the Ideal Defendant
5. Virginie Gautron, Remorse in the French Criminal Justice System: a Subterranean Influence
6. Louise V Johansen, Producing Reasons for Crime: The Relation between Motives, Responsibility and Possible Remorse in Pre-Sentence Reports

Section III: Deconstructing Cultures of Remorse and Responsibility
7. Kate Rossmanith, Impossible to Read? Remorse, Cultural 'Others', and the Construction of the Legible Offender
8. Irene van Oorschot, Sitting and Speaking Wrongly? On Racialized Differences in Court and the Less-than-Ideal Defendant

Section IV: Admitting Guilt: Meanings and Functions
9. Jackie Hodgson, Court Rituals and Constructions of Individual Responsibility: Comparative Understandings of Guilt in the Criminal Process
10. Cyrus Tata, How Do Criminal Justice Disconnections Help to Generate Ideal Clientele?

Section V: In Search of the Ideal Defendant
11. Nicola Padfield, Remorse, Responsibility and the Parole Board of England and Wales
12. Giuseppe Maglione, Remorseful offenders: a Critical History of the 'Ideal Offender' in Restorative Justice
13. Mojca M Plesnicar, In search of the remorseful murderer: an analysis of court reasoning