Course overview
Sentencing is the process by which criminal penalties are imposed on an individual found guilty of a criminal offence. The type and severity of penalties available for imposition involve significant value judgments. The course will cover sentencing theory; the history of Australian sentencing; and current South Australian sentencing legislation, and the law and order policy informing it. It may include guest presenters. A selection of additional topics will be drawn from areas such as mandatory vs discretionary sentencing; plea 'bargaining'; the role of the victim in the criminal justice system and sentencing; therapeutic and restorative justice; principles for sentencing Aboriginal offenders; principles for sentencing juvenile offenders; media representations and reporting; sentencing and criminology theories; control orders and preventative detention.
Course learning outcomes
- Analyse sentencing principles, undertake self-directed legal research using primary and secondary materials, and analyse and evaluate legal information relating to the theory and practice of sentencing and criminal justice
- Apply sentencing principles to complex legal problems, and critique their operation from both a policy and theoretical perspective
- Prepare persuasive written and oral arguments for a legal and lay audience on issues relating to the application of sentencing principles to the type of cases and scenarios that arise in criminal practice
- Demonstrate awareness of principles of ethical professional judgment in the conduct of sentencing submissions, from both a prosecution and defence perspective
- Analyse the impact of sentencing law from a policy perspective, with a focus on the impact of the law on those people who are vulnerable or outside mainstream culture, and advocating evidence-based law reform
- Reflect on individual capacity to complete self-directed tasks
- Extend their skills by utilising feedback and reflection to drive personal improvement