Eternal Remorse

Abstract

None of the standard theories of punishment can explain the "remorse discount" juries and judges seem inclined to give when sentencing. This chapter argues that sentencing ought to change its nature when a defendant is remorseful, sanctioning instead of punishing. The emotion of remorse is so closely tied to retribution that there is no further need for punishment. Instead, a merciful settlement, or sanction, is required to bring an end to the retributive pain of remorse. In short, for remorseful defendants, we sentence in order to mitigate remorse, rather than looking to remorse in order to mitigate sentence. © 2005 Elsevier Ltd. All rights reserved.