SENTENCING
Academic year and teacher
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- Versione italiana
- Academic year
- 2018/2019
- Teacher
- JULIAN VINCENT ROBERTS
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/17
Training objectives
- Students taking this course will learn about the following key issues: (1) The most important sentencing systems in comparative perspective; (2) The main differences between common law and civil law sentencing systems; (3) The Sentencing Guidelines in the US, England and Wales and other common law jurisdictions; (4) Recent trends and developments in sentencing guidelines.
Prerequisites
- Basic knowledge of elements of criminal law.
Course programme
- The course will analyse the following subjects (among others): Different sentencing systems in comparative view; Sentencing and Proportionality; Pros and cons of sentencing guidelines; Sentencing guidelines in the US; Developments of sentencing guidelines in England and Wales; How binding are the sentencing guidelines?; Role of Guidelines in Responding to Punitive Surges; The Mandatory Life Sentence for Murder; Relationship between Information and Attitudes to Sentencing; Reforming the Sentence for Murder; Sentencing and recidivism; Impact of Aggravating and Mitigating Factors on Proportionate Sentencing; Role of the victim at sentencing in common law jurisdictions.
Didactic methods
- Interactive Lectures. In particular, the classes will focus on problems related to the impact of aggravating factors on proportionate sentencing comparing sentencing guidelines in the US and England. Two classes will be dedicated to seminars and presentations given by students.
Learning assessment procedures
- Oral exam, based on 5/6 questions on subjects and case law discussed during classes. Students will be asked to compare different sentencing systems and explain the main principles governing sentencing. The final mark (expressed in /30) will be the average of all the answers.
Reference texts
- For those students who attend classes, the exam will be based on the subjects discussed during classes and on the texts and sources available or indicated on the website of the course.
For those students who have not attended classes, the readings are as follows:
J Roberts, Criminal Justice. A Very Short Introduction. (Oxford University Press 2015)
A Ashworth and J Roberts, 'Sentencing. Theory, Policy, and Practice' in S Maruna, A Liebling and L McAra (eds), The Oxford Handbook of Criminology (6th edn) (Oxford University Press 2017)
J Roberts and A Ashworth, 'The Evolution of Sentencing Policy and Practice in England and Wales, 1996-2015' in M Tonry (ed), Sentencing Policies and Practices in Western Countries. Comparative and Cross-National Perspectives (Oxford University Press 2017)
Roberts, J.V. and Baker, E. (2008) Sentencing Structure and Reform in Common Law Jurisdictions.
In: S. Shoham, O. Beck, and M. Kett (eds.). International Handbook of Penology and Criminal Justice. New York: Taylor and Francis.
