LAW5310 - Sentencing - 2018

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Professor Arie Freiberg Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=5815&pid=3804)

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Unit guides

Offered

City (Melbourne)

  • Trimester 2 2018 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Previously coded as LAW7043

Synopsis

Sources of sentencing law. The distribution of sentencing authority between the legislature, judiciary and executive arms of government. Sentencing principles and procedures. The control of sentencing discretion including guideline judgments. The sentencing hearing including the role of counsel. Sentencing measures available to the courts including custodial and non-custodial sanctions.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the legal framework within which offenders against federal and state law in Victoria are sentenced, the judicial and non-judicial elements of sentencing, and the empirical and legal bases of sentencing practice, with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to sentencing law;
  • Conduct research in the empirical and legal bases of sentencing practice, and the different philosophical underpinnings of the sentencing system, based on knowledge of appropriate research principle and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sentencing laws.

Assessment

One written assignment (2250 words): 30%

One research assignment (5250 words): 70%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.