The Double-Edged Sword of Remorse and Emotions in Research on Criminal-Legal Decision-Makers

Across courtroom proceedings and particularly during sentencing, criminal-legal decision-makers often want to see that a defendant has recognized the harm they have caused and will take action to minimize the risks of it repeating. This prioritization of acknowledging, regretting, and repairing harm is frequently recognized through emotions, body language, words, and behaviors. Yet remorse, often the sought-after emotional response in criminal-legal contexts, is far more complicated. An emotion that conveys empathy, self-reflection, and growth could also communicate guilt, manipulation, and selfishness. Highlighting the multifaceted nature of remorse and its competing emotional interpretations, this chapter discusses how the allowance and evaluation of remorse in the criminal-legal system operates as a double-edged sword for defendants and decision-makers. Specifically, the methods and findings of our prior work with probation officers and judges help to extrapolate these emotional complexities.