Monday, December 11, 2017
Eve Hanan (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Remorse Bias (Missouri Law Review, Vol. 83, No. 2, 2018 Forthcoming) on SSRN. Here is the abstract:
Whether a defendant expresses remorse at criminal sentencing often has a direct bearing on the severity of the sentence. But how good are judges at accurately assessing genuine, meaningful remorse? Research demonstrates that judges hold contradictory and unfounded views about how sincere remorse should be expressed and, as a result, are likely to misjudge remorse. Legal and social science scholars have grappled with the challenge of accurately assessing remorse, but no one has analyzed whether implicit racial bias skews remorse assessments at criminal sentencing in predictable and systematically discriminatory ways.