Remorse in psychotic violent offenders: An overvalued idea?

Abstract

Expressing remorse – or not – appears to influence criminal justice outcomes, but preliminary exploration of both judicial and psychological concepts suggests they lack clarity. We asked the following questions: does psychosis impair capacity for, or expression of, remorse for a homicide or other serious harm to others? Is failure to express remorse for an offence associated with recidivism? We conducted systematic reviews of empirical literature on remorse for serious violence while psychotic, and on relationships between remorse and reoffending regardless of mental state. No articles on remorse for homicide or other serious violence while psychotic were identified. There is weak evidence that lack of remorse is associated with reoffending generally, but nothing specific to psychosis. The literature is strong enough to support a case for research into valid measurement of remorse for offending, associations of such measures with recidivism, and whether a change in remorse can be effected – or matters. It is not strong enough to support reliance on perceptions of the presence or absence of remorse as a basis for judicial decisions.

Bir psikiyatri mahkum servisinde bulunan tutuklu ve hükümlülerin suçluluk, utanç ve affetme duyguları

“…In the first of the studies, the guilt feelings of young men who went to prison were examined. Here, slightly less than half were found to feel guilty [30]. But after his or her release from prison, his or her feelings of guilt gradually decreased.…”

“…Here, it was concluded that there is a relationship between delinquency and remorse, but this relationship is not specific to psychosis. Also, it was found that only two studies were conducted on remorse/guilt for a particular crime and whether or not to commit a crime again [30,31]. In the first of the studies, the guilt feelings of young men who went to prison were examined.…”

Sentencing offenders with mental disorders, developmental disorders or neurological impairments: what does the new Sentencing Council Guideline mean for psychiatrists?

“…It seems logical to expect that someone who becomes genuinely remorseful would be less likely to reoffend and more likely to become a good citizen but evidence is slight that remorse or ‘self-culpability’ is associated with good outcomes. 1 Of interest, however, is that, although blaming external factors for a crime reduces guilt feelings, blaming mental illness does not;* perhaps an offender's accurate attribution of an offence to mental disorder facilitates his/her true acceptance of treatment needs, and improved safety through treatment. Such processing, however, takes time and therapy; it is unlikely at the time of sentencing.…”

Exploring the Impact of Remorse on Recommendations for Sentencing Diversion for Defendants With Psychiatric Diagnoses

“…During presentencing meetings, a probation officer may attempt to correctly read a defendant’s speech, related tone and cadence, nonverbal demeanor, and other behaviors when assessing his remorse (Hanan, 2018). However, this process could be affected by the symptomatic presentation of a defendant’s psychiatric disorder, as well as an officer’s own assumptions about mental illness or the defendant’s capacity to experience remorse (Dandawate et al, 2019). Sometimes these disorders have been previously formally diagnosed, and this is included in a defendant’s file; in other instances, a defendant may be exhibiting symptoms associated with a psychiatric diagnosis that has yet to be diagnosed or will at some point be diagnosed during the legal process (Berryessa, 2019).…”