Understanding "Remorse Bias" and the Subjective Nature of Remorse in Legal Processes

Research shows that legal decision-makers often weigh a defendant's expressions of remorse as highly valuable when estimating character and future behavior during the legal process, particularly during sentencing. Yet assessing remorse in court is a subjective process heavily influenced by the backgrounds of decision-makers and defendants, which fosters and reinforces implicit bias. Dr. Colleen Berryessa, Rutgers University, examines this phenomenon, known as remorse bias, which can lead decision-makers to misread and discount a defendant's true remorse as disingenuous. This can produce adverse outcomes for some defendants in the legal system, especially for those with personal characteristics that are commonly socially stereotyped or quite different from the backgrounds of decision-makers. Attorneys will leave with a clear understanding of remorse bias, its impacts on legal decision-making, and practical recommendations for navigating remorse in court settings. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.