191-012 Sentencing: Law, Judges, Community

Formerly available as 191-407. Students who have completed 191-407 are not eligible to enrol in this subject.

Usually 25 points of first-year criminology.

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.

An essay of 2000 words 50% (due mid-semester) and a take-home test of 2000 words 50% (due at the end of semester).

A subject reader will be available from the University Bookshop