191-407 Sentencing: Law; Judges; Community

Availability

3rd and 4th year

Credit Points

12.5

Coordinator

Dr A Lovegrove

Prerequisites

37.5 points of second/third year level criminology subjects for third year. Admission to the postgraduate diploma or fourth year honours in criminology.

Semester

Not Offered (view timetable)

Contact

A 1-hour lecture and a 1.5-hour seminar per week

Subject Description

This subject is about the punishment of offenders. It examines how judges decide what sentences should be imposed on offenders. This is partly determined by sentencing law and partly by the judges' own sense of justice; public opinion also plays a role. This course discusses what sentences ought to be imposed in the interests of justice. What is considered right will depend on what it is hoped to be achieved by imposing the sanctions, such as deterrence as against rehabilitation; also relevant is what makes a case more or less serious. There are also the perennial sentencing problems - inadequate law, disparity between judges, and a community poorly informed about sentencing. And certain groups are said to pose special problems: indigenous offenders, drug offenders, female offenders, for example. Finally this subject examines research in sentencing particularly in relation to public opinion, deterrence and rehabilitation. As a result of this course, students should understand the main elements of the sentencing process, be able to identify problematic aspects of sentencing, and have a foundation for proposing solutions for these problems.

Generic Skills

  • have highly developed cognitive, analytical and problem-solving skills;

  • have an advanced understanding of complex concepts and the ability to express them lucidly in writing and orally;

  • have an ability to plan work and to use time effectively;

  • have sophisticated awareness of cultural, ethnic and gender diversities and their implications.

Assessment

An essay of 2000 words (3000 words for fourth year students) 60% (due mid-semester) and a take-home test of 2000 words 40% (due at the end of semester).



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