Comparative Sentencing Laws

This module examines sentencing in doctrinal, theoretical, and comparative perspective. It engages with key questions such as how punishment can be justified; how the sentencing exercise should be structured; what factors ought to affect the severity of a sentence; and what are the current pressing issues in penal reform. In pursuit of an answer to these questions, the module will consider sentencing in Ireland and other jurisdictions.

Seminars will be pre-read with reading lists posted one week in advance of the corresponding seminar.

Learning Outcomes

Upon successful completion of the module students should be able to

• Demonstrate a developed understanding of the purposes and principles of sentencing.
• Engage critically with recent scholarship on sentencing law and penal theory from multiple jurisdictions.
• Assess sentencing in its wider criminal justice and human rights contexts.
• Evaluate the varied approaches to challenges in sentencing and penal policy adopted in different jurisdictions.
• Evaluate the various manners in which sentencing processes may be structured and analyse their respective merits.
• Conduct independent research on recent developments in sentencing and penal policy
• Present a sustained argument that engages effectively with a range of perspectives on sentencing law and penal policy.

Assessment

• 5,000 word essay (inc. footnotes) – 80%
• Class presentation - 20%

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