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Theoretical bases for sentencing: just deserts, utilitarianism and other theories. Plea negotiation. Sentencing Act 2002- process, principles and practice. Probation and parole. Proceeds of Crime legislation.
This course is designed to provide LLB and BCJ students with an understanding of the sentencing and post-sentencing process. It will discuss the theoretical bases for sentencing, before considering how sentencing works in practice. Post-sentencing issues like the Clean Slate and Expungement laws, and Extended Supervision and Public Protection Orders will also be considered. Throughout the course, students will be introduced to current debates about the efficacy of different kinds of sentences and with the ethical issues arising in the sentencing process.
A successful student will, by the end of the course, be able to: Demonstrate an understanding of the different theories of sentencing and how they relate to the Sentencing Act 2002; Demonstrate an understanding of the sentencing process in New Zealand and the sentencing principles guiding judges; Demonstrate an understanding of the legal basis for, and practical operation of, the probation and parole systems and the nature and effect of proceeds of crime legislation; Demonstrate familiarity with the roles of different criminal justice professionals involved in the sentencing process and parole and probation systems; and Critically engage with current debates on the efficacy and ethics of different forms of sentencing.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
CRJU202 or LAWS202. RP: CRJU201/SOCI218; CRJU307/LAWS365
Students must attend one activity from each section.
Students will be expected to attend lectures and workshops and to engage in approximately 60 hours of self-directed research.
Assessment will likely consist of an assignment, an essay and a final exam. The assessment for this course will be confirmed in the first week of lectures.
Domestic fee $806.00
International fee $3,775.00
* Fees include New Zealand GST and do not include any programme level discount or additional course related expenses.
This course will not be offered if fewer than 10 people apply to enrol.
For further information see
School of Law.