Show Remorse: Reflections on the Gap Between Expression and Attribution in Cases of Wrongful Conviction

• NCJ Number: 203913
• Journal: Canadian Journal of Criminology and Criminal Justice Volume: 46 Issue: 2 Dated: January 2004 Pages: 121-138
• Author(s): Richard Weisman
• Date Published: January 2004
• Length: 18 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: Canada
• Note: See NCJ-203912 and NCJ-203914-916 for related articles.

Annotation

Drawing on both Canadian and American data, this article examines how inclusion in the category of the unremorseful affects how the wrongfully convicted are regarded and how they are treated.

Abstract

Indications of remorse, in the form of acknowledgement of responsibility, are taken as the first step towards rehabilitation and towards renunciation of the offending criminal conduct. Those maintaining their innocence after conviction are perceived as not having accepted responsibility for their actions and are considered more likely to reoffend, more dangerous, and more of a risk to the community. In the case of a wrongful conviction which is an individual who is incorporated into this category of the un-rehabilitated, there are profound consequences apart from the rupture of an individual life. Those who have been wrongfully convicted and maintain their innocence are likely to be seen as unremorseful and suffer the same disabilities as others who have been designated as lacking in remorse. In addition, wrongfully convicted individuals who steadfastly maintain their innocence tend to accumulate a record that attests not only to their denial of guilt but to their non-participation in programs designed to make them safe to return to the community. This paper attempts to show that persons who are convicted of crimes can be perceived as remorseful or unremorseful, thereby establishing a moral hierarchy which has implications for the characterization and disposition of persons who are so designated. In using both Canadian and American case data, the paper examines how inclusion in the category of unremorseful affects the characterization and disposition of those who have been wrongfully convicted. The demand that all persons who are convicted of crimes demonstrate remorse by accepting responsibility for their offenses has unintended consequences for those who have been wrongfully convicted and who assert their innocence. References