The sentencing process lies at the heart of the criminal justice system. It is where theories of crime and punishment, and political narratives of law and order, meet life. This course is a must for anyone who is considering a career in criminal justice practice, policy or law reform. It is also for those who want to think more deeply about the extent to which the criminal justice system has the capacity to achieve positive social outcomes.?
This course takes a practical, doctrinal, theoretical and critical approach to the study of sentencing law and practice in Australia, providing opportunities for students to:
- develop knowledge of the sentencing process and key theories, legal rules and policy issues relating to sentencing in Australia;
- consolidate and build upon the skills and knowledge gained during their study of Criminal Law and Procedure;
- develop knowledge of sentencing legislation and case law that guides the exercise of the sentencing discretion in State, Territory and Commonwealth jurisdictions;
- develop oral and written presentation, discussion and argumentation skills in relation to sentencing law in practice.
Topics will be selected from a range of aspects of sentencing law and practice which may include: theories of punishment, public opinion and public confidence, the role of victims in sentencing, purposes of sentencing, principles of sentencing, sentencing hearings, mitigating and aggravating factors, therapeutic jurisprudence, young offenders, Indigenous experience in sentencing, as well as sentencing reform and innovation.
To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars with guest speakers. Students will engage directly and experientially with the law and practice of sentencing as a foundation for theoretical and critical understanding.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Critically analyse and apply the sentencing law, purposes, principles and processes covered in the course, incorporating a range of diverse perspectives.
- Explore and synthesise issues relating to sentencing law and practice and prepare oral and written arguments on the topic, issue or debate covered.
- Develop and apply legal and interdisciplinary research skills to access a range of materials in literature databases and other online sources.
- Synthesise and critically evaluate the theory, law and practice of sentencing, including arguments for reform and innovation.
Work Integrated Learning
Simulation/Virtual
The practical components of this course provides students with the opportunity to put into practice the legal concepts, knowledge and skills acquired in a concrete way using real world simulations. Students are required to make an audio visual recording of themselves making a sentencing submission in role as counsel for the prosecution or defence in a mock ACT Supreme Court sentencing hearing on behalf of the prosecution or an offender by reference to a provided sentencing brief.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page. (100) [LO 1,2,3,4]
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Workload
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 36 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours
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Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.