Apology in Court

Social and Psychological Research

This legislation reflects the increasing interest in apology in legal situations. Four related findings by social scientists have led to this increased interest. First, an apology appears to be particularly effective in helping heal the psychological harm caused by wrongful behavior, particularly when one caused the harm negligently. Scholars theorize that this is particularly the case where the harm is in the form of embarrassment, loss of consortium, pain and suffering, and sorrow. An apology is effective because the harm in these cases is intangible and difficult to quantify and compensate and because monetary compensation may be inefficient in repairing the harm. In most cases, an apologizer still has to compensate the victim for tangible harm despite the apology.

Second, a sincere apology can promote forgiving, which psychologists have demonstrated enhances physical and mental health. For proponents of therapeutic jurisprudence, the promotion of apologies is therefore seen as a way of promoting law's therapeutic effect.

Third, for many victims, retribution or compensation is only part of what they are looking for, that is, if they are seeking it at all. Instead, some need things such as public acknowledgment that they have been harmed, certainty about the incident that caused the harm, and information about the motives of the wrongdoer. A sincere apology that satisfies these needs will often forestall, or aid in resolving, a legal dispute.

Fourth, an apology may be effective in restoring equilibrium where the wrongdoer and victim have little or no choice but to carry on their relationship. Here the apology can serve to restore the mutual respect the parties have for each other, something that is essential for the continuing relationship to be successful.

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