Addressing the challenges of remorse in the criminal justice system

Proeve, Michael

doi:10.1080/13218719.2022.2112101

Cited by 2 publications

(1 citation statement)

References 68 publications

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“…Fourth, judges and juries consider the expression of remorse as pivotal to rehabilitation potential. From the perspective of judges and juries, remorse is considered highly relevant in the sentencing (Haskins & Silva, 2006), and a sufficient expression of remorse is likely to be rewarded whereas insufficient expression may lead to harsher consequences (Bandes, 2016; Proeve, 2023). Poor language skills compound this issue, given the double challenge of communicating remorse as a social skill and communicating remorse using language .…”

Section: Communication and Environmental Supportsmentioning

confidence: 99%

Language is a critical mediator of autistic experiences within the criminal justice system

Larson,

Eigsti,

Spaulding

et al. 2023

Autism Research

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Autism spectrum disorder is characterized by social communication challenges and restricted and repetitive behaviors and interests, but also by highly heterogeneous language skills. The recent International Society of Autism Research (INSAR) policy statement, Autism and the Criminal Justice System: Policy opportunities and challenges (INSAR, 2022), aims to prevent, reduce, and improve interactions between autistic individuals and the criminal justice system. This policy statement provides a foundation for considering how to include language in these important aims. In this commentary, we outline the centrality of language skills to these interactions and provide specific recommendations that can inform future research and provide guidance for autistic individuals, community partners, and individuals working within the criminal justice system. Considering language as a part of justice system policy for autistic individuals will result in greater equity and inclusion, particularly for autistic individuals with co‐occurring language deficits and those who are linguistically diverse. Moreover, it will allow autistic individuals to combat other barriers to effectively navigating interactions with the criminal justice system, such as those related to the core features of autism. We advocate for a greater role for service providers who can assess challenges in language skills, and identify the specific accommodations each autistic individual will need to prevent, reduce, and improve interactions with the criminal justice system.

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Section: Communication and Environmental Supportsmentioning

confidence: 99%

Language is a critical mediator of autistic experiences within the criminal justice system

Larson,

Eigsti,

Spaulding

et al. 2023

Autism Research

View full text Add to dashboard Cite

show abstract

To Impose or Not Impose Penalty Conditions Following Professional Misconduct: What Factors Are Cited by Three Professional Disciplinary Tribunals in New Zealand?

Surgenor,

Diesfeld,

Rychert

et al. 2024

Laws

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Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three disciplinary tribunals in New Zealand (the Lawyers and Conveyancers Tribunal [LCDT]; the Health Practitioners Disciplinary Tribunal [HPDT]; and the Teachers Disciplinary Tribunal [TDT]). Disciplinary decisions published between 2018 and 2022 (N = 538) were analysed, coding the explicit reasons cited for imposing or not imposing conditions and if rehabilitation was cited as a penalty principle. Conditions were imposed in 58.6% of the cases, though tribunals varied. All of the tribunals commonly referred to the concepts of remorse/insight, or lack of it, as reasons for ordering or not ordering conditions, and they often considered the seriousness of the misconduct. Reasons for not ordering conditions were more varied between tribunals, as was citing rehabilitation as a penalty principle. The findings suggest that tribunals give substantial consideration to the decision of imposing conditions, drawing on both objective (e.g., past misconduct) and subjective (e.g., cognitive and psychological) phenomena. The reasons did align with concepts found in broad sentencing guidelines from some other jurisdictions (e.g., criminal justice response), though future research on defining and measuring these concepts may help understand their predictive and protective utility.

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Addressing the challenges of remorse in the criminal justice system

Cited by 2 publications

References 68 publications

Language is a critical mediator of autistic experiences within the criminal justice system

Language is a critical mediator of autistic experiences within the criminal justice system

To Impose or Not Impose Penalty Conditions Following Professional Misconduct: What Factors Are Cited by Three Professional Disciplinary Tribunals in New Zealand?

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