When genocidal violence gripped Rwanda in 1994, the international community recoiled, hastily withdrawing its peacekeepers. Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition. Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations. A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library Association Best Books for High Schools, selected by the American Association for School Libraries
This multidisciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the wide-spread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the UK, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse, on how expressions of remorse are affected by the legal contexts in which they arise, and on the impact of these expressions on the individual, the court, and the community. The work is divided into four parts - Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multidisciplinary and interdisciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.
Whether or not wrongdoers show remorse and how they show remorse are matters that attract great interest both in law and in popular culture. In capital trials in the United States, it can be a question of life or death whether a jury believes that a wrongdoer showed remorse. And in wrongdoings that capture the popular imagination, public attention focuses not only on the act but on whether the perpetrator feels remorse for what they did. But who decides when remorse should be shown or not shown and whether it is genuine or not genuine? In contrast to previous academic studies on the subject, the primary focus of this work is not on whether the wrongdoer meets these expectations over how and when remorse should be shown but on how the community reacts when these expectations are met or not met. Using examples drawn from Canada, the United States, and South Africa, the author demonstrates that the showing of remorse is a site of negotiation and contention between groups who differ about when it is to be expressed and how it is to be expressed. The book illustrates these points by looking at cases about which there was conflict over whether the wrongdoer should show remorse or whether the feelings that were shown were sincere. Building on the earlier analysis, the author shows that the process of deciding when and how remorse should be expressed contributes to the moral ordering of society as a whole. This book will be of interest to those in the fields of sociology, law, law and society, and criminology.
Remorse is a powerful, important and yet academically neglected emotion. This book, one of the very few extended examinations of remorse, draws on psychology, law and philosophy to present a unique interdisciplinary study of this intriguing emotion. The psychological chapters examine the fundamental nature of remorse, its interpersonal effects, and its relationship with regret, guilt and shame. A practical focus is also provided in an examination of the place of remorse in psychotherapeutic interventions with criminal offenders. The book's jurisprudential chapters explore the problem of how offender remorse is proved in court and the contentious issues concerning the effect that remorse - and its absence - should have on sentencing criminal offenders. The legal and psychological perspectives are then interwoven in a discussion of the role of remorse in restorative justice. In Remorse: Psychological and Jurisprudential Perspectives, Proeve and Tudor bring together insights of neighbouring disciplines to advance our understanding of remorse. It will be of interest to theoreticians in psychology, law and philosophy, and will be of benefit to practising psychologists and lawyers.
While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.
`Remorse, or rather the lack of it, frequently features in banner headlines. But there is little systematic study of this important interdisciplinary topic whose relevance has extensive social ramifications. The complex relationship between remorse, shame guilt and attempts at reparation, are discussed in this authoritative work. This volume is the first comprehensive attempt to bring together both forensic clinicians and those working within the criminal justice system.' - New Life `Familiar though they are in literature, religion and philosophy, the phenomena of remorse and reparation are rarely explored in either the theory or practice of forensic psychotherapy. This book begins to address those omissions, dealing with clinical and legal questions and ranging widely over political, philosophical, sociological and artistic perspectives...Remorse and Reparation is very much the expression of Murray Cox's particular, and unique, talent. He would have been proud of this, his last book, even though he did not live long enough to supervise its publication. Murray has brought together authors from different disciplines to convey a myriad of views. Although occasionally contradictory, the impacts of original insights presented from several different perspectives can be stunning. This book will be a valuable addition to the literature of any forensic institution.' - British Journal of Psychiatry `This is a book all magistrates, probation officers and QPMs should read. It consists of 15 short and mostly readable essays, looking at a little-considered aspect of human experience from medical, legal, sociological and philosophical points of view. The case studies quoted are very much to the point ... Two essays particularly impressed me. David Tidmarsh, now of the Parole Board, was formerly on the staff of Broadmoor Hospital. He draws attention to the lack of reference to remorse in the Board's remit, which is concerned only with risk ... John Harding of the Inner London Probation Service quotes examples, including two well-known ones from Barlinnie, where moral reformation has occurred.' - Newsletter of Quakers in Criminal Justice Remorse, or rather the lack of it, frequently features in banner headlines. But there is little systematic study of this important inter-disciplinary topic whose relevance has extensive social ramifications. Should a show of remorse by an offender be taken into account in sentencing? Is there a correlation between the experience of remorse and a diminished likelihood of re-offending? And is there a correlation between the experience and the expression of remorse? Such questions, and the complex relationship between remorse, shame, guilt and attempts at reparation, are discussed in this authoritative work. This volume is the first comprehensive attempt to bring together both forensic clinicians and those working within the criminal justice system. There is also a series of chapters by those writing from the adjacent complementary disciplines of moral philosophy, classics, Shakespeare studies, sociology and anthropology.
Each society that consumes alcohol has its own unique drinking culture, and each society deals with the drunken products of that culture in particular ways. As Mark D. West shows in Drunk Japan, the distinctive features of Japanese drinking culture and its intoxication-related laws are not simply interesting in and of themselves, but offer a unique window into Japanese society more broadly. Drawing upon close readings of over 5,000 published Japanese court opinions on drunkenness-related cases, he provides a rich description of Japanese alcohol consumption, drinking culture, and intoxication. West reveals that the opinions not only show patterns in what, where, and why people drink in Japan, but they also focus to a surprising extent on characteristics (including occupation, wealth, gender, and education) of individual litigants. By examining the consistencies and contradictions that emerge from the cases, West finds that, at its most extreme, the Japanese legal system is hyper-individualized. Focusing on individual people sometimes leads courts to ignore forensic evidence, to rely on post-arrest drinking tests, and to calculate prison sentences based on factors such as a mother's promise to help her adult child abstain. Cumulatively, the colorful and often tragic cases West uses not only illuminate the complexity of the culture, but they also reveal an entirely new vision of Japanese law and a comprehensive picture of alcohol use in Japanese society writ large.
Now in its sixth edition, Sentencing and Criminal Justice has been extensively rewritten to reflect recent legislation, guidelines and judicial decisions. New material includes comparative sentencing research, which looks at models from other countries in comparison with the approach in England and Wales, and an additional chapter focusing on civil preventive orders and other ancillary orders. Written with clarity of expression coupled with critical analysis, this textbook offers an unrivalled combination of expertise, accessibility and coverage. This is the essential text for anyone interested in criminal justice.
Renowned journalist Thierry Cruvellier takes us into the dark heart of Cambodia's Khmer Rouge with The Master of Confessions, a suspenseful account of a Chief Interrogator's trial for war crimes. On April 17, 1975, the communist Khmer Rouge, led by its secretive prime minister Pol Pot, took over Cambodia. Renaming the country Democratic Kampuchea, they cut the nation off from the world and began systematically killing and starving two million of their people. Thirty years after their fall, a man named Duch (pronounced "Doïk"), who had served as Chief Prison officer of S21, the regime's central prison complex, stood trial for war crimes and crimes against humanity. Unlike any other tribunal defendant, Duch acknowledged his personal responsibility, pleaded guilty, and asked for forgiveness from his victims. In The Master of Confessions, Thierry Cruvellier uses the trial to tell the horrifying story of this terrible chapter in history. Cruvellier offers a psychologically penetrating, devastating look at the victims, the torturers, and the regime itself, searching to answer crucial questions about culpability. Self-drawing on his knowledge, and experience, Cruvellier delivers a startling work of journalistic history—by turns deeply moving, horrifying, and darkly funny.