We will 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, questions that can then be investigated in the various jurisdictions. The jurisdictions we will study will include both common law and civil code countries, including 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?
A paper is required.
Prerequisite: Course enrollment is by permission of the faculty. Additionally, students should have completed Criminal Procedure or its equivalent.
