Apologies in the legal system, Empirical legal studies, Judicial decision making
Civil Procedure | Criminal Procedure | Judges
Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to a judge is often unhelpful and can even be harmful.
Rachlinski, Jeffrey J.; Guthrie, Chris; and Wistrich, Andrew J., "Contrition in the Courtroom: Do Apologies Affect Adjudication?" (2013). Cornell Law Faculty Publications. 604.
Published in: Cornell Law Review, Vol. 98, No. 5 (July 2013).