LAWGENRL 456 : “Justice” in Sentencing

Law

2021 Semester Two (1215) (10 POINTS)

Course Prescription

Concepts of “Justice” in the sentencing process in Aotearoa are examined and critiqued from multiple perspectives with a particular focus on te Ao Māori and an emphasis on the practical elements involved in sentencing advocacy.

Course Overview

This course examines how people are sentenced in Aotearoa through focusing on specific topics in sentencing including:

1 An introduction to the sentencing process and the goals of sentencing
2 The use of guideline judgments
3 The role of the judge, the prosecutor and the defence lawyer
4 Discharge without conviction applications
5 The treatment of personal and cultural information
6 The relevance and use of tikanga Māori
7 Pasifika concepts in sentencing
8 Sentencing advocacy

A consistent theme of the course is whether the sentencing process (as a whole and in its component parts) achieves justice.

The method of assessment is predominantly through the preparation and delivery of sentencing submissions that reflect one or more of the above topics.

The indicative class schedule may change depending on the availability of guess lecturers.  

Course Requirements

Prerequisite: LAW 201

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and evaluate the underlying some theoretical justifications underpinning the sentencing process (Capability 1.1, 2.2 and 4.1)
  2. Articulate and apply key legal principles and concepts that relate to the factual scenarios in order to reach reasoned solutions and make reasoned recommendations (Capability 1.1, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1, 6.1, 6.2 and 6.3)
  3. Identify, critique and evaluate New Zealand’s approach to sentencing and whether sentencing achieves justice (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.3, 4.1, 5.1, 6.1, 6.2 and 6.3)
  4. Demonstrate effective written and oral communication skills (Capability 4.1)

Assessments

Assessment Type Percentage Classification
Reflection 5% Individual Coursework
Judgment Analysis 30% Individual Coursework
Written Submission 65% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Reflection
Judgment Analysis
Written Submission

Workload Expectations

This is a standard 10-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.

Delivery Mode

Campus Experience

Attendance is expected for lectures.
Lectures will not be available as recordings. 
The activities for the course are scheduled as a standard weekly timetable. 

Learning Resources

Course materials will be available electronically only and students are welcome to print them.  

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Other Information

The course is taught through lectures, starting on Tuesday 21 July 2020 and ending on Tuesday 20 November 2020.
Lectures will be on Tuesdays from 5 pm to 7 pm.
Office hours will be by appointment and will be advised during lectures and times also posted on Canvas. Office hours are a good opportunity to ask lingering questions about the course content or to clarify areas of misunderstanding.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/12/2020 03:02 p.m.