Sentencing Law and Practice

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Abstract

Sentencing law and practice examines sentencing law and the principles that underlie sentencing legislation. Students will be introduced to the major theories and paradigms that dominate sentencing practice in the criminal justice system. Students will learn about the different types of sentences that can be passed down by the courts. Sentences such as fines, community service, court orders, treatment orders, community corrections, restorative justice, incarceration and diversion will be examined. This subject will also consider the social and political influences that shape the application of these sentences. Students will look at the impact of sentencing practices on people, including marginalised groups, indigenous people, young people and women.

Syllabus

Introduction to sentencingPublic opinion and sentencingTheories of punishmentPrinciples of criminal procedureDuties of the prosecutor and defence counselPurposes of SentencingOverview of sentencing optionsFactors taken into account in judicial sentencingJudicial reasoning - instinctive synthesis

Learning outcomes

Upon successful completion of this subject, students should:

be able to describe the principles and aims of sentencing in the context of Australian sentencing laws;

be able to describe and evaluate the types of sentences passed by the courts of Australia;

be able to evaluate the impact of sentencing on people, including vulnerable groups; and

be able to utilise an interdisciplinary approach to evaluate sentencing law and practice

Assumed knowledge

Any JST Level 2 subject

Enrolment restrictions

Not available to students who have completed JST330 or JST333

Incompatible