Remorse and the production of truth

This article reflects on the confession as a traditional focal point of criminal law and penal theories. Specifically, it questions the privileged status traditionally conferred to the confession within the hierarchy of legal proof and punishment as a remnant of Christian influence which should be m...

Full description

Saved in:
Bibliographic Details
Published in:Punishment & society 2010-10, Vol.12 (4), p.414-437
Main Author: Martel, Joane
Format: Article
Language:English
Subjects:
Canada
Confession
Confessions
Crime
Criminal Law
Farmers
Fines & penalties
Handicapped
Latimer, Robert
Litigation
Offenders
Parole
Parole & probation
Penal policy
Penal sanctions
Production
Punishment
Risk
Rituals
Saskatchewan
Social Integration
Speech
Truth
Citations: Items that this one cites
Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:This article reflects on the confession as a traditional focal point of criminal law and penal theories. Specifically, it questions the privileged status traditionally conferred to the confession within the hierarchy of legal proof and punishment as a remnant of Christian influence which should be made visible. This reflection draws on the case of Robert Latimer, one of the few judicial cases historically to have polarized Canadian public opinion. After serving seven years in a federal penitentiary for the ‘mercy killing’ of his 12-year-old severally handicapped daughter, Saskatchewan farmer, Robert Latimer, was denied day parole by the National Parole Board of Canada on 5 December 2007. Despite in-prison psychological and parole reports confirming Latimer’s low risk to reoffend, parole board members denied his request on the apparent sole basis that he had not developed sufficient remorse. This case highlights how remorse, as a particular discursive transaction, is an obligatory passage point or an oral corroboration indispensable to complete the written demonstration (i.e. psychological and parole reports) of an offender’s successful integration of the ‘truth’ about her and her crime. Hence, remorse may constitute the only valuable way for offenders to re-take their place within the ritual of ‘Truth’ production.
ISSN:1462-4745
1741-3095
DOI:10.1177/1462474510376139