Beginning with an in depth study of the United States Sentencing Guidelines, we address general questions concerning the comparative method with a view to formulating common questions about sentencing law, practices and procedures and the institutions that embody them. The jurisdictions we will study will include both common law and civil code countries, including the United States, Great Britain, Canada, Australia, Germany, Israel, India, Mexico and China. What institutions are given responsibility in sentencing? What are the animating philosophies of punishment? How do those philosophies affect the institutional settings in which sentencing decisions are made? In addition, we will address sentencing issues that have arisen at the various international tribunals. How does one craft a common law of sentencing in absence of statutory provisions, or common state cultures? In the final month of the class, we will be joined by Arie Freiberg, chair of the Victoria Sentencing Advisory Council. Guest speakers will include Judge Patti Saris, of the U.S. Sentencing Comission.
A paper is required.
Students that were enrolled in Sentencing Theories and Punishment in Spring 2013 are unable to enroll in this reading group.