Remorse, probation and the state

Philosophical debate on the role of remorse in criminal justice has largely focused on whether remorse should play a role in sentencing decisions. In this chapter, the author argues that this focus is unhelpfully narrow. Even though there are, the author believes, good reasons to think that remorse should not influence sentencing, there are other valuable roles for remorse in a well-designed and well-functioning criminal justice system. In defending this conclusion, the chapter looks at the nature and value of probation. In particular, it looks at the role that the encouragement of remorse might have in a well-structured and open probationary relationship. It is not always inappropriate, the chapter concludes, for state officials to take an interest in whether offenders are remorseful for what they have done.