This monograph addresses a contested but under-discussed question
in the field of criminal sentencing: should an offender's remorse
affect the sentence he or she receives? Answering this question
involves tackling a series of others: is it possible to justify
mitigation for remorse within a retributive sentencing framework?
Precisely how should remorse enter into the sentencing equation?
How should the mitigating weight of remorse interact with other
aggravating and mitigating factors? Are there some offence or
offender characteristics that preclude remorse-based mitigation?
Remorse is recognised as a legitimate mitigating factor in many
sentencing regimes around the world, with powerful effects on
sentence severity. Although there has been some discussion of
whether this practice can be justified within the literature on
sentencing and penal theory, this monograph provides the first
comprehensive and in-depth study of possible theoretical
justifications. Whilst the emphasis here is on theoretical
justification, the monograph also offers analysis of how normative
conclusions would play out in the broader context of sentencing
decisions and the guidance intended to structure them. The
conclusions reached have relevance for sentencing systems around
the world.
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