law2slp sentencing law and policy
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.
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Victorian Sentencing Manual | Prescribed | NA | Judicial 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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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/SeminarWeek: 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 TripWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| Moot (1500 word eqv) | 30 | 01, 02, 04, 05 | |
| Written assignment (2500 words) | 50 | 03 | |
| Reflective journals (1000 words) | 20 | 06 |