Crime and confession: An analysis of the relationship between contrition, sentence severity and recidivism.

Abstract

The purposes of this study were to: (1) determine the association between contrition and probation adjustment; (2) determine the association between contrition and future criminal behavior; (3) determine the relationship of contrition and criminal sentencing; and (4) compare contrition with other commonly accepted predictors of probation adjustment, recidivism and sentence. Closed files of 159 felony offenders were examined to assess the relationship between the amount of contrition expressed by the offenders in their written confessions (included in their presentence investigations), and each of the following: adjustment to probation, recidivous behavior, and criminal sentence. Psychoanalytic theory implies that excessive unconscious guilt can result in psychoneurotic criminal behavior. Through confession the offender acknowledges the guilt and the transgression. Conversely, the lack of guilt or remorse is often associated with sociopathy. Contrition, the sincere feeling of regret for transgressive behavior, is frequently considered by the courts in determining the defendant's suitability for leniency. Literature suggests that contrite transgressors who confess will generally receive reduced levels of punishment. Four raters evaluated the levels of current contrition in the offenders' accounts using a test instrument containing 10 component measures of contrition. The impact of contrition on sentence severity was analyzed using a ratio of minimum over maximum sentence. Separate measures were also obtained on probationers' adjustment and recidivist activity. Statistical analysis was performed with analysis of variance, stepwise multiple regression and correlation procedures. Results indicated that offenders who expressed very high levels of contrition for their offense performed more positively on probation than their less contrite counterparts. Further, contrition was significantly related to reduced sentences. Those exhibiting no contrition received double the sentence of the offenders with low and medium levels of contrition, and sentences four times as lengthy as the offenders who were highly contrite. Felons convicted by pleading guilty were given dispositions only half as severe as those who went to trial. However, contrition did not significantly reduce new criminal behavior. It was recommended that contrition be considered among other variables in probation adjustment classification schemes and included into formal judicial sentencing guidelines. Contrition's implications for psychoanalytic and attribution theory were also discussed.