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Related Experiment Video

Updated: May 2, 2026

Recording Behavioral Responses to Reflection in Crayfish
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Commentary: reflections on remorse.

Stephen J Morse1

  • 1JD, University of Pennsylvania Law School, 3501 Sansom Street, Philadelphia, PA 19104-6204. E-mail smorse@law.upenn.edu.

The Journal of the American Academy of Psychiatry and the Law
|March 13, 2014
PubMed
Summary

This commentary questions the use of remorse in legal sentencing, arguing it lacks a principled application. It also examines the limited expertise of forensic psychiatrists in assessing remorse and highlights sentencing disparities.

Area of Science:

  • Forensic Psychiatry
  • Legal Philosophy
  • Criminology

Background:

  • The concept of remorse is central to many legal and ethical discussions surrounding punishment.
  • Zhong et al. presented findings on remorse and sentencing, prompting further analysis.

Purpose of the Study:

  • To critically evaluate the definition and application of remorse in Anglo-American jurisprudence.
  • To assess the role and expertise of forensic psychiatrists in evaluating remorse.
  • To analyze sentencing disparities in light of remorse evaluations.

Main Methods:

  • Philosophical analysis of legal justifications for punishment.
  • Critical review of the concept of remorse in sentencing.
  • Examination of forensic psychiatric expertise in remorse assessment.

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Main Results:

  • Remorse lacks a principled basis for consistent application in sentencing.
  • Forensic psychiatrists do not possess specialized expertise in evaluating remorse.
  • Significant sentencing disparities persist, as noted by Zhong et al.

Conclusions:

  • The use of remorse in sentencing is problematic and lacks a principled foundation.
  • Sentencing disparities remain a significant concern within the justice system.