A defendant’s failure to show remorse is one of the most powerful factors in criminal sentencing, including capital sentencing. Yet there is currently no evidence that remorse can be accurately evaluated in a courtroom. Conversely there is evidence that race and other impermissible factors create hurdles to evaluating remorse. There is thus an urgent need for studies about whether and how remorse can be accurately evaluated. Moreover, there is little evidence that remorse is correlated with future law-abiding behavior or other (...) legitimate penal purposes, and, in fact, there is evidence that remorse is often conflated with shame, which is correlated with increased future criminality. More accurate information on the nature and evaluation of remorse can be used to reform the criminal justice system. (shrink)

Darwin discusses why different muscles are brought into action under different emotions and how particular animals have adapted for association with man.

Most theories of affective influences on judgement and choice take a valence-based approach, contrasting the effects of positive versus negative feeling states. These approaches have not specified if and when distinct emotions of the same valence have different effects on judgement. In this article, we propose a model of emotion-specific influences on judgement and choice. We posit that each emotion is defined by a tendency to perceive new events and objects in ways that are consistent with the original cognitive-appraisal dimensions (...) of the emotion. To pit the valence and appraisal-tendency approaches against one another, we present a study that addresses whether two emotions of the same valence but differing appraisals—anger and fear—relate in different ways to risk perception. Consistent with the appraisal-tendency hypothesis, fearful people made pessimistic judgements of future events whereas angry people made optimistic judgements. In the Discussion we expand the proposed model and review evidence supporting two social moderators of appraisal-tendency processes. (shrink)

Jurors’ emotions, both integral and incidental, can affect their attributions of legal responsibility and blame in several, sometimes complexly interrelated ways. The article reviews the experimental research, outlining the multiple paths of emotional influence, and explains why identifying them is worthwhile. It then discusses why the modest to moderate effect sizes found in the research may understate emotions’ actual influence in some cases yet overstate it in others, and discounts moral intuitionism as a reason for believing that emotional influences in (...) real cases are stronger than the experimental data indicates. The article concludes with recommendations for further research. (shrink)

According to legal tradition, the ideal judge is entirely dispassionate. Affective science calls into question the legitimacy of this ideal; further, it suggests that no judge could ever meet this standard, even if it were the correct one. What judges can and should do is to learn to effectively manage—rather than eliminate—emotion. Specifically, an emotion regulation perspective suggests that judicial emotion is best managed by cognitive reappraisal and, often, disclosure; behavioral suppression should be used sparingly; and suppression of emotional experience (...) is rarely helpful. We argue that the dispassionate-judge ideal presents a barrier to achieving the flexibility necessary for adaptive judicial emotion regulation. We suggest a new ideal, that of the emotionally well-regulated judge, and propose several directions for future research to strengthen ties between law and psychology, with particular attention to the study of emotion. (shrink)

I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.