Richard A. Bierschbach
Essay
Integrating Remorse and Apology into Criminal Procedure
114 Yale L.J. 85 (2004)
Criminal procedure largely ignores remorse and apology or, at most, uses them as proxies for an individual defendant's badness. The field is preoccupied with procedural values such as efficiency, accuracy, and procedural fairness, to the exclusion of the criminal law's substan…