This course offers an intensive and critical examination of the sentencing phase in criminal proceedings, where the most profound expressions of justice, retribution, rehabilitation, and discretion converge. The course explores the statutory frameworks, judicial discretion, constitutional limits, and policy debates that shape how punishment is imposed in both state and federal courts.
Students will analyze the legal doctrines that govern sentencing, including the role of sentencing guidelines, mandatory minimums, and appellate review. The course also examines disparities in sentencing based on race, class, gender, and geography, and considers alternatives to incarceration, such as probation, community-based sentences, and restorative justice. Topics such as the death penalty, juvenile sentencing, and the role of victims in the process are critically explored.
This course blends doctrinal analysis with real-world policy considerations, offering students a strong foundation for advocacy, reform, and judicial practice in the criminal justice system.
Course Objectives:
By the end of this course, students will be able to:
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Understand the legal framework and discretion that governs criminal sentencing in state and federal systems.
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Analyze the constitutional constraints on sentencing, including the Eighth and Sixth Amendments.
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Evaluate the design, application, and critique of sentencing guidelines and mandatory minimum statutes.
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Assess the fairness and consistency of sentencing practices in light of empirical data and social factors.
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Understand the procedural and substantive rights of defendants and victims at sentencing.
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Explore alternatives to incarceration and models of restorative and rehabilitative justice.
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Engage critically with sentencing reform efforts and systemic challenges.
