Sentencing Law (667a)

This class examines the principles and practices of sentencing.   <>The seminar begins with an examination of the philosophical and empirical foundations of the various sentencing purposes, the idea of sentencing guidelines, and the particular experience of the federal sentencing guidelines. These early materials emphasize the general puzzle raised by the existence (and perhaps need for) substantial amounts of discretion, and yet a demand for regulation of that discretion. Later sessions examine various models for which actor or actors should play the key role in sentencing, debates over the relevance of various offense and offender factors, the highly charged issue of sentencing and disparate racial impact, the use of prison versus different sanctions, and other topics.