In Latin, mordere means "to bite;" thus, remorse is something that "gnaws" at you over and over. In criminal court, judges are always looking for signs that a convicted felon is suffering remorse for his crime; if not, the judge may well lengthen his sentence or deny him parole after serving part of it. Remorse is stronger than mere regret; real remorse is the kind of thing that may last a lifetime.

Remorse is a distressing emotion experienced by an individual who regrets actions which they have done in the past[1] that they deem to be shameful, hurtful, or wrong. Remorse is closely allied to guilt and self-directed resentment. When a person regrets an earlier action or failure to act, it may be because of remorse or in response to various other consequences, including being punished for the act or omission. People may express remorse through apologies, trying to repair the damage they've caused, or self-imposed punishments.


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In a legal context, the perceived remorse of an offender is assessed by Western justice systems during trials, sentencing, parole hearings, and in restorative justice. However, there are epistemological problems with assessing an offender's level of remorse.[2]

A person who is incapable of feeling remorse is often diagnosed with antisocial personality disorder, as characterized in the DSM IV-TR. In general, a person needs to be unable to feel fear, as well as remorse, in order to develop psychopathic traits. Legal and business professions such as insurance have done research on the expression of remorse via apologies, primarily because of the potential litigation and financial implications.

Two studies on apologizing are The Five Languages of Apology by Gary Chapman and Jennifer Thomas[3] and On Apology by Aaron Lazare.[4] These studies indicate that effective apologies that express remorse typically include a detailed account of the offense; acknowledgment of the hurt or damage done; acceptance of the responsibility for, and ownership of, the act or omission; an explanation that recognises one's role. As well, apologies usually include a statement or expression of regret, humility, or remorse; a request for forgiveness; and an expression of a credible commitment to change or a promise that it will not happen again. Apologies may also include some form of restitution, compensation or token gesture in line with the damage that one has caused. John Kleefeld has encapsulated this into "four Rs" that typically make for a fully effective apology: remorse, responsibility, resolution and reparation.[5] When an apology is delayed, for instance if a friend has been wronged and the offending party does not apologise, the perception of the offense can compound over time. This is sometimes[quantify] known as compounding remorse.[citation needed] Compunction[6]refers to the act of actively expressing remorse,[citation needed]usually requiring remorseful individuals to physically approach the person to whom they wish to express regret.

In a study led by Leanne ten Brinke, a professor at the University of British Columbia, participants' genuine and falsified emotions were studied to investigate behavioral and facial cues. Brinke and others found a significant difference in the presence of facial expressions in real and false remorse. With falsified emotions of remorse, they found that the participants experienced a greater range of emotions, which are close to genuine feelings, while deceptive descriptions of remorse were associated with positive emotions, such as happiness and surprise.[7] The positive emotions felt by participants demonstrating a deceptive description of remorse are likely due to the leakage of genuine feelings from incomplete deception. Brinke and others established that participants appeared surprised because they could only raise their eyebrows when trying to appear sad, which then caused the participants to feel embarrassed, feel genuine happiness, and let a smile slip.[7] In contrast to deceptive and falsified accounts, genuine accounts were expressed with fewer emotions. Participants showing deceptive or falsified emotions overcompensated their emotional performance. Genuine negative feelings of remorse leaked by the lower face were immediately covered up with a neutral expression. Brinke recorded a small number of body language and verbal cues for deceptive participants; instead, she recorded a large number of speech hesitations that cued deceptive and falsified accounts of remorse.[7] Current findings of deceptive and falsified remorse have a practical use for measuring the veracity of remorseful displays for judges, jurors, parole officers, and psychologists when sentencing offenders.

Psychopathic individuals are best known for their flagrant disregard for social and moral norms. Psychopaths have dysfunctional personal relationships, characterized by violence, exploitation, and philandering. Emotionally, they are incapable of feeling guilt or empathy, they respond abnormally to fear and pain, and other emotions are shallow compared to population norms.[8] Psychopaths refuse to adopt social and moral norms because they are not swayed by the emotions, such as guilt, remorse, or fear of retribution, that influence other human beings.[8]

Human societies tend to value remorse; conversely, a person who exhibits a lack of remorse is often perceived in a negative light. It is widely accepted that remorse is the proper reaction to misconduct. Remorse may originate in from either actual or contrived regret for the misconduct that results in being caught or causing harm.[9] Research has shown that the facial expressions of offenders on trial affect the jury's attitude and, in turn, the sentencing decision. While remorse may present guilt that may influence a jury's decision, a lack of remorse influences the jury even more because it is one trait of psychopathy.

Psychopathy represents a configuration of traits that are missing within a person's personality, such as a lack of empathy and remorse. Knowledge of psychopathic traits has been shown to affect how jurors perceive adult and juvenile offenders. Assessments of psychopathy are introduced to direct a relatively wide variety of questions in the legal system, so investigators have started examining the effects of psychopathy evidences.[10] Through simulations in studies by John Edens, who is a psychology professor at Texas A&M University, data suggests that attributing psychopathic traits to adult and juvenile offenders can have a noticeable negative effect on how these individuals are viewed by others.[10] Remorselessness, a key feature of psychopathy, proves to be a strong predictor of juror attitudes.[10] In the study by John Edens, a pool of offenders were labeled as either having a "disorder" condition or having "no disorder". Those labeled as "disorder" were given death verdicts by mock jurors.[10] In the study, traits, such as callousness, remorselessness, and superficial charm, were a strong predictor of negative consequences for the offenders. This study found that remorselessness has the largest effect on the mock jurors' opinions of the "disorder" offenders and it explains support for the death sentence.[10] The results of this study suggest that free of mental health testimonies, perceptions of a defendant's personality traits may have serious implications in the sentencing decisions of a capital case.[10]

One study on psychopaths found that, under certain circumstances, they could willfully empathize with others, and that their empathic reaction initiated the same way it does for controls. Psychopathic criminals were brain-scanned while watching videos of a person harming another individual. The psychopaths' empathic reaction initiated the same way it did for controls when they were instructed to empathize with the harmed individual, and the area of the brain relating to pain was activated when the psychopaths were asked to imagine how the harmed individual felt. The research suggests psychopaths can switch empathy on at will, which would enable them to be both callous and charming. The team who conducted the study say they do not know how to transform this willful empathy into the spontaneous empathy most people have, though they propose it might be possible to rehabilitate psychopaths by helping them to activate their "empathy switch". Others suggested that it remains unclear whether psychopaths' experience of empathy was the same as that of controls, and also questioned the possibility of devising therapeutic interventions that would make the empathic reactions more automatic.[11][12]

One problem with the theory that the ability to turn empathy on and off constitutes psychopathy is that such a theory would classify socially sanctioned violence and punishment as psychopathy, as these entail suspending empathy towards certain individuals and/or groups. The attempt to get around this by standardizing tests of psychopathy for cultures with different norms of punishment is criticized in this context for being based on the assumption that people can be classified in discrete cultures while cultural influences are in reality mixed and every person encounters a mosaic of influences. Psychopathy may be an artefact of psychiatry's standardization along imaginary sharp lines between cultures, as opposed to an actual difference in the brain.[13]

Researchers have investigated whether people who have high levels of psychopathy have sufficient levels of cognitive empathy but lack the ability to use affective empathy. People who score highly on psychopathy measures are less likely to exhibit affective empathy. There was a strong negative correlation, showing that psychopathy and lack of affective empathy correspond strongly. The DANVA-2[clarification needed] found those who scored highly on the psychopathy scale do not lack in recognising emotion in facial expressions. Therefore, such individuals do not lack in perspective-talking ability but do lack in compassion and the negative incidents that happen to others[clarification needed].[16] 152ee80cbc

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