The recent trial of the
Boston Marathon bomber has a lot
of people talking. Tsarnaev was sentenced to death by a jury of his peers, and
there was a lot of talk about his emotions—or should we say his lack thereof?
During and after the verdict, Tsarnaev stood like a
statue with no emotion or any signs of remorse. This display got people
wondering: Should a criminal show remorse in court?
Remorse: A Sign of
Guilt or Not?
The reason
most criminal defendants are instructed to not
show any signs of remorse is simple: they do not want to give off the
perception of guilt. Showing any signs of remorse or even saying “sorry” during
the trial could make the jurors assume the person is guilty, making it easier
to hand down a conviction.
Even after a guilty verdict, it is in the best interest
of the defendant to remain emotionless. If they express any emotions during
sentencing and their case is appealed, then this could come back to hurt them.On
the other hand, showing remorse can possibly help the defendant get a shorter
prison sentence.
What About Those
Who Are Clearly Guilty?
Those that refuse to plead guilty are better off leaving
emotions at the door, but those who are clearly guilty, like the Boston
Marathon bomber, do not necessarily have to leave emotions out. Had Tsarnaev
expressed some emotion, he could have possibly escaped the death penalty.
Sentencing laws can vary depending on the amount of
remorse. Remorse is a mitigating factor in serious crimes and sentences. If the
judge feels that the defendant has shown a great deal of remorse, then he or
she may not sentence as harsh of a penalty.
It’s Up to the
Defense Team
A defendant should never have to sit there and figure out
emotions. A criminal defense attorney will assess the jury and the factors of
the case to decide whether or not a defendant should really show remorse.
