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Univ. of San Diego School of Law

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Thursday, July 25, 2013

Rachlinski, Guthrie & Wistrich on Contrition in the Courtroom

Jeffrey J. Rachlinski Chris Guthrie and Andrew J. Wistrich (Cornell Law School , Vanderbilt University - Law School and Independent) have posted Contrition in the Courtroom: Do Apologies Affect Adjudication? (Cornell Law Review, Vol. 98, No. 1189, 2013) on SSRN. Here is the abstract:

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to a judge is often unhelpful and can even be harmful.

http://lawprofessors.typepad.com/crimprof_blog/2013/07/rachlinski-guthrie-wistrich-on-contrition-in-the-courtroom.html

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