Sentencing

Overview

• Theories of Punishment
• Sentencing and Human Rights
• Pre-Sentence Decisions
• The Sentencing Process
• Custodial Sentences
• Non-Custodial Sentences
• Sentencing the Young Offender

Learning Objectives

By the end of the module the students should have acquired the following:
• Understanding of the philosophical rationales for the imposition of punishment and of the ways in which they are reflected in the Northern Ireland Sentencing system;
• Understanding of the relevant provisions of the European Convention on Human Rights and the way in which it impacts on sentencing decisions;
• Understanding of the ways in which the sentencing process can be affected by decisions made at an earlier stage of the proceedings;
• Understanding of the law relating to the sentencing process (including the collection of relevant information, the legal constraints on sentencing, and the manner in which the sentence is chosen) and the ability to apply that law in context;
• Understanding of the social and political factors relating to sentencing, and the way in which they are reflected in the current sentencing system;
• Understanding of the relevant statutory provisions relating to custodial and non-custodial sentences, and the ability to apply those provisions in context;
• Understanding of the law relating to the sentencing of the young offender, and the ability to apply it in context.

Skills

• Identify accurately issues that require researching
• Identify and retrieve legal information
• Use of primary and secondary sources
• Recognise and rank items and issues in terms of relevance and importance
• Bring together information and materials from a variety of different sources
• Act independently in planning and undertaking tasks
• Synthesise doctrinal and policy issues in relation to a topic
• Judge critically the merits of particular arguments
• Present and make a reasoned choice between alternative solutions
• Reflect on own learning and proactively seek and make use of feedback
• Use of English
• Time management
• Present knowledge or an argument in a way that is comprehensible to others and is directed at their concerns
• Read and discuss legal materials which are written in technical and complex language
• Produce word processed text and present such work in an appropriate form
• Use of the World Wide Web and of e-mail
• Work in groups as a participant who contributes effectively to the group’s task

Assessment

Sentencing Exercise Coursework (100%)