Document Type
Article
Publication Date
6-9-2008
Abstract
This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law.upenn.edu/phr/conversations/status/
Keywords
Remorse, apology, forgiveness, mercy, clemency, pardon, parole, sentencing, criminal procedure, criminal justice
Publication Title
Criminal Law Conversations
Repository Citation
Bibas, Stephanos, "Invasions of Conscience and Faked Apologies" (2008). All Faculty Scholarship. 217.
https://scholarship.law.upenn.edu/faculty_scholarship/217
Included in
Criminal Law Commons, Law and Society Commons, Public Law and Legal Theory Commons, Social Control, Law, Crime, and Deviance Commons, Social Psychology Commons
Publication Citation
In Paul H. Robinson et al. (eds.), Criminal Law Conversations 196-198 (2009)