Financial Times has a good article about the role of remorse in convictions. There is mention of Jeff Skilling as well as Conrad Black and Amanda Knox. What I like about the article is it states something I’ve pointed out before: if a defendant claims innocence, he’s punished for being stubborn or “cold blooded.”
It’s a thorough and good article. Check it out!
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As a society, we become disappointed if we can’t afflict people with the remorse we think they should feel. It is about the facts. A person either did or did not do something. How they (or we) feel about what they did is – and certainly should be – irrelevant. I mean, seriously, why do we care if Charlie Manson feels remorse? How about Bernie Madoff? I couldn’t care less about their remorse or lack thereof. Interestingly, I am much more concerned about the remorse that Michael Anthony Green never felt (google it and you will be outraged) and am wondering if he would have already been out of prison if he had feigned remorse to receive a lighter sentence. If so, his true innocence may have never been proven. Convictions and sentences should be about facts and law, not our value judgments about how people should react to accusations.
But, the law is a blind mistress who repeatedly proves that beer goggles do exist. Some things are only sexy when the mind is altered. Someday, clear heads will prevail. In the meantime, pass me the pretzels.