Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry

Authors

Abigail Penzell, Benjamin N. Cardozo School of Law

Abstract

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the state has a moral obligation to offer an apology to the wrongfully convicted. Whether the apology be public or private, an apology can be an integral part of exonerees' reintegration into society. Moreover, it can help the members of a highly stigmatized group to reconcile themselves with their communities - communities that have made them feel unsafe, alienated and afraid.

Disciplines

Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Evidence | Law | Legislation

Recommended Citation

Abigail Penzell, Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry, 9 Cardozo J. Conflict Resol. 145 (2007).
Available at: https://larc.cardozo.yu.edu/cjcr/vol9/iss1/6