Expression Of Remorse Research Articles

Pertanggungjawaban Terhadap Pelanggaran Penggunaan Bom Cluster Menurut Hukum Humaniter Internasional

Introduction: Cluster bombs have quite a dangerous effect on civilians and can take lives because when these bombs are launched into the target area they usually do not explode simultaneously, even the explosions can occur at a later date or even when the war is over.Purposes of the Research: This writing aims to examine and find out the forms of violations of the law on the use of cluster bombs in war according to humanitarian law, to study and find out about the accountability for the use of cluster bombs assigned to perpetrators and as one of the requirements for completing studies at the Faculty of Law, Pattimura University.Methods of the Research: The Juridical-Normative research method with the type of doctrinal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials.Results of the Research: The results of the study show that the prohibition of the use of cluster bombs according to International Humanitarian Law has been regulated in the 2008 Convention On Cluster Munitions (CCM), namely each country promises to clean up and destroy, or ensure the cleaning and destruction of, the remains of cluster ammunition located in cluster munitions. Contamination under its jurisdiction or control. And the form of responsibility for the perpetrators is the responsibility of the state, namely the state that violates international agreements. As well as sanctions that can be given for the use of cluster bombs that are given by the United Nations in the form of reducing the degree of diplomatic relations or attacks using armed power by the UN security council, sanctions can also be given based on humanitarian law in particular Additional Protocol I of 1977 and International Humanitarian Law customs in relation to state responsibility in international law, which can be in the form of compensation, in the form of satisfaction given through acknowledgment of actions, expressions of remorse and official apologies by the state relating to the International Criminal Court.

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

This study, using semi-structured interviews with a sample of probation officers ( N = 151), develops a model that suggests how officers may weigh psychiatric diagnoses when assessing defendants’ expressions of remorse and how this may shape their presentencing recommendations for sentencing diversion. Results suggest that probation officers consider psychiatric diagnoses when evaluating remorse in sentencing contexts in three main ways: (a) the extent to which psychiatric symptoms may lead defendants to have difficulties showing conventional expressions of remorse and complicate how officers understand their non-normative remorse displays; (b) how psychiatric symptoms can mitigate defendants’ emotional behaviors used to develop and “feel” remorse, particularly their blunted empathy and hindered recognition of their criminal acts; and (c) some officers make stigmatized assumptions about personal qualities of defendants diagnosed with psychiatric diagnoses, which can lead them to be critical of their remorse. Then, drawing from views in the first two areas, officers discussed providing information on defendants’ psychiatric illnesses—and the potential impacts on their abilities to show or develop remorse—to support recommendations for sentencing diversion in presentencing reports. Takeaways, as well as how remorse assessments may shape probation recommendations for sentencing diversion for defendants with psychiatric diagnoses, are discussed.

The Impact of Political Apologies on Public Opinion

ABSTRACTApology diplomacy promises to assuage historical grievances held by foreign publics, yet in practice appears to ignite domestic backlash, raising questions about its efficacy. This article develops a theory of how political apologies affect public approval of an apologizing government across domestic and foreign contexts. The authors test its implications using large-scale survey experiments in Japan and the United States. In the surveys, the authors present vignettes about World War II grievances and randomize the nature of a government apology. They find that apology-making, both as statements acknowledging wrongdoing and as expressions of remorse, boosts approval in the recipient state. But in the apologizing state, backlash is likely among individuals with strong hierarchical group dispositions—manifested as nationalism, social-dominance orientation, and conservatism—and among those who do not consider the recipient a strategically important partner. This microlevel evidence reveals how leaders face a crucial trade-off between improving support abroad and risking backlash at home, with implications for the study of diplomatic communication and transitional justice.

The Value of Remorse as a 'Therapeutic Tool' for Probation Officers in Sentencing

Although shame and guilt are often conceived as adverse sentiments in criminal contexts, defendants’ expressions of remorse may actually act as an effective “therapeutic tool” in the legal process in order to reduce negative emotions, decrease future recidivism, and increase both community and victim healing, as well as rehabilitation. As such, evaluations of remorse should be integrated into decision-making processes at different stages of the criminal-legal process. The current chapter discusses the potential role of remorse, as a form of “therapeutic guilt,” in the context of probation officer decision-making and the relevance of remorse to their pre-sentencing reports and sentencing recommendations. We argue that probation officers should evaluate, recognize, and adopt the therapeutic value of remorse as a type of “reintegrative shaming” that can provide genuine evidence of their clients’ potential for restoration and reintegration into the community. Ultimately, this chapter provides recommendations and a framework for probation officers on how to best recognize and assess true remorse, understand its therapeutic relevance within the Therapeutic Jurisprudence framework, and how it may be integrated into their reports and decision-making in sentencing moving forward.

'Something’s Happening Here/But You Don’t Know What It Is': How Jurors (Mis)Construe Autism in the Criminal Trial Process

In the past 50 years, autism spectrum disorder (ASD) has gone from a narrowly defined, rare disorder of childhood onset to a well-publicized, advocated, and researched lifelong condition, recognized as both fairly common and heterogeneous. Although the autism rights movement has drastically altered the perceptions of ASD within the last two decades, how autism is “processed” in the criminal trial process is a topic that is still largely under the radar and yet to be fully explored. As research into this population increases, and as more and more children are diagnosed on the spectrum and enter into adulthood, the number of persons with ASD in our criminal courts will no doubt grow exponentially. Participation in the criminal justice system is often described as a humiliating and shaming experience in general, but for persons with autism spectrum disorder (ASD), the process can be especially detrimental and destructive. The same social and communicative impairments that led to the initial interaction with the criminal justice system can similarly make the navigating process even more difficult.In our efforts to maintain dignity and preserve justice for persons with autism in the criminal justice process, we present the following roadmap to outline the pertinent issues that must be explored. Following an introductory section, in Part II, we offer an abbreviated overview of the science that supports an autism diagnosis, and then analyze the particular clinical traits of ASD that have the most impact on the criminal justice procedure and outcome at trial. In Part III, we present the particular steps that must be taken to better serve this population, including the effective utilization of voir dire in juror selection that incorporates a consideration of juror attitudes on mental disability and juror perceptions of a defendant’s expression of remorse and empathy; the importance of holding judges accountable in recognizing the dangers of ordinary common sense (OCS) and conveying those dangers to jurors; the necessity of a specialized expert witness at trial and how such witness can either bolster or inhibit a successful defense, and reconstructing how we charge the jury on autism in order to comply with constitutional mandates and a justiciable outcome. Finally, in Part IV, we consider the effect of therapeutic jurisprudence on the overall process, and then, in Part V, offer some conclusions.

Apology Strategies Among Libyan Learners of English at Omar Al-Mukhtar University

A good body of research has been conducted to investigate the realization of apology speech act. Much of the literature investigated focused on western languages. The increase of research on apology has lead other non-western scholars to explore apology in their languages. However, fewer have addressed this issue in Arabic language varieties in general, and Libyan Arabic in particular. This has presented us with a challenge worthy of a deeper investigation. The rationale behind investigating apology as a speech act is to indicate how findings can be used to facilitate the way people of diverse socio-cultural backgrounds interact with each other. The aim of this study is to discuss selected points relating to the type and use of apology strategies in Libyan Arabic. The investigation is based on a corpus of Libyan apologies collected from fifty students at Omar Al-Mukhtar University (OMU). This article uses a Discourse Completion Test (DCT) that comprised 10 situations to elicit apology strategies from the participants. The findings indicated that the informants used the expression of remorse in situations in which the offended person was a friend, an elderly and a teacher/supervisor/boss who has some authority. A reasonable number of informants refused to admit responsibility for the harm and used explanations to put the blame on other sources. Strategies, such as self-blame, reparation, intensification, and use of Allah’s name were also used in this study.The results of this paper, it is hoped, could have profound implications for researchers seeking to address this issue or any other area pertinent to inter-cultural communication further.

Conciliatory aggression and the rhetoric of public apologies: A rhetorical analysis

Abstract This article provides a rhetorical analysis of a public apology that was issued by conservative talk radio host Rush Limbaugh in response to criticism of on-air comments that he made in February 2012. I argue that Limbaugh deployed his apology as a plea for moral exoneration, not as a formal admission of misconduct. Hence his apology was meant to absolve Limbaugh from blame by offsetting acknowledgements of wrongdoing (along with expressions of remorse) with an appeal to truth as a force for exculpation.

Insights into insight: analysis of case files of nurse and midwife registrant performance complaints

BackgroundLosing or keeping registration following a complaint about clinical performance is often based on ability to demonstrate insight. Clear descriptions about the behaviours that manifest as insight are missing from the regulatory literature. MethodsTo identify and describe the elements of insight present or absent in case files where the registrant is the subject of a complaint about nursing/midwifery performance, 712 complaint files from a regulatory authority were analysed for content. Key descriptive elements of 148 files were then thematically analysed. FindingsKey elements of insight included: ownership of/taking responsibility for the incident; reflection on/analysis of the incident; reflection on/analysis of their mental and/or physical state; analysis of the context in which the incident occurred; recognition of own failures/mistakes; expressions of remorse or regret; improvement through education; describing what they would do differently next time; and seeking out counselling/mentorship.Key elements that raised concern included where the registrant: did not understand the issue; took no personal responsibility; made excuses for why the error/incident had occurred; made no attempt to change; and was non-compliant with improvement strategies. The critical differences between the positive attributes of insight and those behaviours demonstrating lack of insight are ownership of the event and action on reflection.

Toward an understanding of the complexities surrounding forgiveness among men struggling with paternal attachment injury

ABSTRACTThis study explores the complexities surrounding forgiveness in men struggling with early paternal attachment injury. In-depth semi-structured interviews were conducted with 20 young men who identified themselves as having experienced an early paternally inflicted emotional injury that critically damaged the father–son relationship bond. Findings suggest that injurers’ forgiveness promoting behaviors such as the expression of remorse and apology do not seem to contribute to forgiveness. Maternal involvement in sons’ forgiveness processes appeared to be of commanding importance, with mothers’ forgiveness facilitating that of sons. Participants showed a strong tendency to define their mothers, along with themselves, as dual victims of the paternal attachment injury. Findings are discussed in light of the existing literature on family forgiveness dynamics. It is posited that family-based models to promote forgiveness could be helpful for resolving paternal injury to the father–child relationship bond.

PIDANA KERJA SOSIAL DAN RESTITUSI SEBAGAI ALTERNATIF PIDANA PENJARA DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

Imprisonment is the criminal delict who always threatened on every offences crime althought criticized various circles due to ineffectiveness realize the purpose of punisment, namely the social defence and fostering offender. This led to the emergence of anternatives on imprisonment in the hope purpose of punishment can be realized. The Tokyo Rules is set to 14 Desember 1990 recommending the counties in the world in order to enter the alternatives of imprisonment in a code penal include a community service order and restitution. A community service order is intended to make offenders be chastened and shammed so as not to repeat the crime (offender oriented), while restitution in the form of payments for losses incurred due to the act the offender to the victim, as an expression of remorse is expected to eliminate the conflict between the offender and the victim (victim oriented). Thus, the purposee of punishment is expected to be realized.

International Criminal Tribunals and Reconciliation

Literature on transitional justice routinely assumes positive effects of international criminal proceedings on reconciliation processes. Expressions of remorse and apology before international criminal tribunals are attributed a key role in the scenario. This view is influenced by the role of remorse and apology in human dispute resolution in general and, particularly, in domestic criminal proceedings. That Western societies have become friendlier towards remorse and apology in the last decades — in the age of the ‘new culture of apology’ — might also play a certain role. This article argues, however, that there is a substantive gap between the assumed and the actual role of apology and remorse in international criminal proceedings. Analysis of the practice of international criminal tribunals reveals that cases of sincere remorse or apologies among high ranks — that would be of particular value for reconciliation processes — are hardly existent, and fakery of remorse is fostered by judicial practice. Additionally, positive effects of remorse and apology in the context of macro crimes tend to be overestimated. The article attributes the gap between the assumed and the actual role partly to the wish to avoid facing the void.

Ratner, Steven R. The Thin Justice of International Law: A Moral Reckoning of the Law of Nations.New York: Oxford University Press, 2015. Pp. 496. $85.00 (cloth).

Ratner, Steven R. <i>The Thin Justice of International Law: A Moral Reckoning of the Law of Nations</i>.New York: Oxford University Press, 2015. Pp. 496. $85.00 (cloth).

Does content matter? The effect of remorseful tone on length of prison sentence

The expression of remorse by offenders has been found to affect jurors' determination of length of prison sentences. This study explores this phenomenon by contrasting the impact of exercising remorse solely in words or through emotional tone. Remorse consists of guilt, shame and sorrow. This study examines the contribution of each of these emotions to judgements about prison sentences, which is an area seldom explored in the literature. It is shown that regardless of the gender of the offender, participants censured a significantly more severe punishment for the offender who expressed a sense of remorse using words rather than tone. In addition, only shame was a significant predictor of the severity of punishment. These findings are consistent with previous studies and further differentiate the influence of displaying remorse at the content and tonal levels.

One More Time without Feeling: Detecting Fabricated Remorse Using Linguistic Analysis

Despite the benefits to be gained from successfully feigning the emotion of remorse, few studies have addressed the identification of fabricated statements of remorse. We investigated whether there were differences in first person singular pronoun use between genuine versus deceptive displays of remorse in typewritten statements of remorse. Results showed that participants produced a significantly higher proportion of first person singular pronouns (I, me, and my) in their genuine versus deceptive statements. These findings suggest there are measurable differences in language use between genuine and falsified expressions of remorse and highlight the potential utility of language analysis in the identification of true versus fabricated statements of remorse.

“Jede Freundschaft mit mir ist verderblich”: Joseph Roth und Stefan Zweig: Briefwechsel 1927–1938 ed. by Madeleine Rietra and Rainer-Joachim Siegel (review)

Reviewed by: “Jede Freundschaft mit mir ist verderblich”: Joseph Roth und Stefan Zweig: Briefwechsel 1927–1938 ed. by Madeleine Rietra and Rainer-Joachim Siegel Cary Nathenson “Jede Freundschaft mit mir ist verderblich”: Joseph Roth und Stefan Zweig: Briefwechsel 1927–1938. Edited by Madeleine Rietra and Rainer-Joachim Siegel. Göttingen: Wallstein, 2011. Pp. 624. Cloth €39.90. ISBN 978-3835308428. It must have been exhausting to be one of Joseph Roth’s correspondents. His letters would arrive with a demanding frequency, sometimes several a week. The variety of topics was great and unwieldy. Telegrams and postcards announcing plans to travel and requests—often pleading—to meet, were frequently followed by longer, polemical essays on literature, modernity, personal and professional slights and sufferings, recriminations and expressions of remorse, apologies, accusations, and requests for money: always more money! The reward for such trying exchanges were the flashes of brilliance and prescience in Roth’s letters, stylistically exhilarating and intellectually demanding. Yes, it must have been exhausting, but so worth it! 268 letters exchanged over eleven years between Roth and Stefan Zweig are documented in this new scholarly collection. That this is an unknown fraction of the letters they actually sent each other—the rest not yet found or, more likely, lost forever to war, decay, or Roth’s famously transient lifestyle—bespeaks a correspondence and [End Page 449] friendship of great intensity. Their relationship was asymmetrical in many ways: Zweig, thirteen years older and very much the voice of bourgeois literary establishment; Roth, a well-paid and widely read feuilletonist but lacking the critical regard and fame as a novelist he thought his due. The esteem in which Roth held Zweig bordered on sycophantic, as evidenced by his typical salutations: “Sehr verehrter Herr Stefan Zweig,” “Sehr verehrter und lieber Herr Stefan Zweig,” and even “Lieber sehr lieber Herr Stefan Zweig” (36). Zweig preferred “Lieber Herr Roth,” or even just “Lieber Freund.” Roth was the pupil, the supplicant, ingratiating himself and finding validation in his friendship with the master, Zweig. Early in their correspondence, it seems that this imbalance of status would dominate the arc of their relationship. Roth flatters and woos (“Eine Zeile von Ihnen dahin, dorthin wird mich freuen, eine Begegnung mit Ihnen wird die Erfüllung eines herzlich aufrichtigen Wunsches sein” 12), and Zweig returns the favor by playing his role as teacher. Zweig’s first letter to Roth (January 17, 1929) is an unsolicited personal and professional history: “Als junger Mensch began ich zu schreiben . . .” (14). But, having won Zweig’s confidence and respect, Roth soon turns the tables and begins to lecture the older writer: about literature, politics, and the Jewish tradition that also binds the two authors. These topics dominate Roth’s letters from the 1930s, when literary feuds gave way to accusations of naiveté, or worse, in the face of the existential threat of National Socialism. Of Thomas Mann, for example, Roth declares, “Er hat die Gnade, besser zu schreiben, als er denken kann” (133). Roth cajoles—bullies would not be too strong a word—Zweig about the latter’s reluctance to associate himself with more vocal antifascist writers in exile and Zweig’s continuing relationship with Insel Verlag in Nazi Germany: “Sie müssen entweder mit dem III. Reich Schluß machen, oder mit mir” (129). Roth’s letters are a torrent, cycling through praise, abuse, demands for money, contrition. But despite the abuse, the friendship continues. Zweig sends money, tries to help Roth financially (and to escape Europe) by interceding on his behalf with Viking Press, and frets over the excessive alcohol consumption that would eventually kill Roth. Zweig’s last letter expresses the fear that Roth is punishing him with silence (374). Ironically, it is Zweig who is mostly silent in the record of this relationship, as far more of Roth’s correspondence survives than Zweig’s own letters. This collection ultimately tells us fairly little about Zweig and much more about Roth and will therefore be of greater interest to his readers and researchers. Roth scholarship has long been something of a second-tier enterprise in Germanistik, which matches Roth’s critical reception as a good but unimportant writer. This is too bad...

Temper outbursts in Prader–Willi syndrome: causes, behavioural and emotional sequence and responses by carers

Temper outbursts are common in Prader-Willi syndrome but rarely described in detail. This study investigated the phenomenology of temper outbursts in terms of antecedents, sequence of behaviours and emotions and intervention strategies used. A semi-structured interview about temper outbursts was conducted with the main carers of seven children (9.5 to 16.7 years) and seven adults (24.7 to 47.10 years) with Prader-Willi syndrome (10 male, 4 female). Reliability and validity of the interview results was established. Various setting events increased and reduced the likelihood of temper outbursts. The most common antecedent was a change to routine or expectation. There were marked similarities in the sequence of behaviours and emotions during temper outbursts, with anger rising quickly followed by expressions of remorse and distress at the end of an outburst. The sequence of behaviours and emotions within outbursts was similar to that described in temper tantrums in typical development. Cognitive and emotional processes are likely to be important in the understanding of temper outbursts with implications for early intervention.

Visions of Justice: Shakespeare and Duch’s Proposed ‘Return to Humanity’

Completed in the first half of 2010, this thesis received a First Class and was supervised by Professor Margaret Thornton.This article provides an analysis of the story and the trial of the Khmer Rouge official, Kaing Geuk Eav, alias Duch, in the Extraordinary Chambers in the Courts of Cambodia (ECCC) through a Shakespearean lens – particularly drawing upon three plays; The Winter’s Tale, Coriolanus, and Richard III. Duch’s Defence Counsel Mr Francois Roux contended that the real question of Duch’s trial was whether ‘the hearings would allow one who has exited from humanity to return to humanity’. Using Shakespearean exempla, the essay examines the persuasiveness of Duch and his Defence team in its effort to have Duch ‘return to humanity’. This article first details Duch’s life and crimes. In what follows, this article analyses through a Shakespearean lens strengths and weaknesses of the Defence’s appeal for Duch’s ‘return to humanity’ in light of his alleged recognition of guilty and expression of remorse.

More than words: Patients’ views on apology and disclosure when things go wrong in cancer care

ObjectiveGuidelines on apology and disclosure after adverse events and errors have been in place for over 5 years. This study examines whether patients consider recommended responses to be appropriate and desirable, and whether clinicians’ actions after adverse events are consistent with recommendations. MethodsPatients who believed that something had gone wrong during their cancer care were identified. During in-depth interviews, patients described the event, clinicians’ responses, and their reactions. Results78 patients were interviewed. Patients’ valued apology and expressions of remorse, empathy and caring, explanation, acknowledgement of responsibility, and efforts to prevent recurrences, but these key elements were often missing. For many patients, actions and evidence of clinician learning were most important. ConclusionPatients’ reports of apology and disclosure when they believe something has gone wrong in their care suggest that clinicians’ responses continue to fall short of expectations. Practice implicationsClinicians preparing to talk with patients after an adverse event or medical error should be aware that patients expect their actions to be congruent with their words of apology and caring. Healthcare systems need to support clinicians throughout the disclosure process, and facilitate both system and individual learning to prevent recurrences.

Owning it or Feeling it? Blame and Remorse in the Wake of Failure

In the wake of negative organizational events, research directs the involved actors to apologize. However, apologies often communicate two, distinct messages: responsibility (they take blame) and regret (they express remorse). Though theoretically and practically distinguishable, taking blame and expressing remorse, independently, have not received much research attention. This leaves an important gap, as organizational actors often do one without the other. My research compares the effectiveness of the two statements following a collective failure. Consistent with hypotheses, Study 1 revealed a preference for blame-taking and documented a reason: taking blame demonstrated more character than expressions of remorse did. Study 2 replicated these effects in a behavioral setting; it also documented a limit: taking blame was less helpful for intentional, versus unintentional, failures. Overall, this research sheds the first light on an important difference between taking blame and expressing remorse. Following a collective failure, people appear to hold a fairly strong preference for blame-taking.

Redress for old wounds: Canadian Prime Minister Stephen Harper's apology for the Chinese head tax

This essay examines how political leaders apologize for historical injustices. Specifically, we analyze Canadian Prime Minister Stephen Harper's apology for the head tax imposed upon Chinese immigrants. The prime minister's apology was historic in that it marked the first time a Canadian Prime Minister formally apologized for the head tax. We argue that Harper used a combination of the frontier myth and collective apology rhetoric in his expression of remorse toward the Chinese-Canadian community. While controversial, this rhetoric created a discursive space for a constructive and strengthened relationship between the Chinese-Canadian community and the Canadian government.