SENTENCING LAW AND POLICY

LAW2SLP

2019

Credit points: 15

Subject outline

Most people charged with a criminal offence are sentenced, which involves the loss of individual liberty, a fundamental right of our society. This subject examines the law and practice of sentencing in Victoria. The substantive law of sentencing is examined, the theoretical bases of sentencing are critically evaluated and the relationship between political processes, policy and legislation is explored.


Students attend a weekly three hour lecture seminar on campus and another day a week go on a field trip to an institution involved in sentencing, such as a prison. Students are also taught advocacy skills which and will conduct a plea in mitigation of sentence in a moot court hearing as part of their assessment.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorBen Walsh

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW1CRL and enrolment in subject is by an application process.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditions Entrance into the course is by application only.

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsVictorian Sentencing ManualPrescribedNAJudicial College of Victoria

Graduate capabilities & intended learning outcomes

01. Demonstrate an understanding of Victorian sentencing law and procedure.

Activities:
Moot plea in mitigation of sentence
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

02. Apply your knowledge of sentencing law and procedure to practical situations.

Activities:
Moot plea in mitigation of sentence
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

03. Critically evaluate sentencing law, policy and practice in Victoria.

Activities:
Essay
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

04. Apply legal research skills to a practical legal problem.

Activities:
Moot plea in mitigation of sentence
Related graduate capabilities and elements:
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

05. Be able to create and present a persuasive oral argument in a court room setting.

Activities:
Moot plea in mitigation of sentence
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

06. Develop the skill of reflective practice

Activities:
Reflective journal
Related graduate capabilities and elements:
Literacies and Communication Skills (Writing,Speaking)
Inquiry and Analytical Skills (Critical Thinking,Creative Problem-solving,Inquiry/Research)

Subject options

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Start date between: and    Key dates

Melbourne, 2019, Week 03-09, Day

Overview

Online enrolmentYes

Maximum enrolment size30

Enrolment information Field trips by application

Subject Instance Co-ordinatorBen Walsh

Class requirements

Lecture/Seminar Week: 03 - 09
One 3.0 hours lecture/seminar per week on weekdays during the day from week 03 to week 09 and delivered via face-to-face.

Field Trip Week: 03 - 09
One 4.0 hours field trip per week on weekdays during the day from week 03 to week 09 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
Moot (1500 word eqv)30 01, 02, 04, 05
Written assignment (2500 words)50 03
Reflective journals (1000 words)20 06