Sentencing Theory and Practice

3 Credit Hours

The course examines theories of punishment and their practical application in the operation of American sentencing systems. The class meetings have three components: First, discussion of assigned readings will develop an expertise with punishment theory and with the challenge of translating the theory into practice in a working sentencing system. Second, the class will examine and each student will "sentence" the defendant in each of a series of real cases that present difficult sentencing issues. A team of students will argue each side of each case in class, followed by class discussion. Finally, several active sentencing judges will provide the class with information about a difficult sentencing that came before them, then will come to class to discuss the problems the case presented and how they handled the problems in their disposition of the case. Books/materials: von Hirsch & Ashworth, Principled Sentencing, 2nd edition, and US Sentencing Comm Guidelines manual, and xerox'd materials Method of evaluation: presentations and written work during term.