LCRM204 - Sentencing and Victims

Year

Credit points

Campus offering

Prerequisites

LCRM101 Introduction to Criminology OR LCRM102 Violence through History

Unit rationale, description and aim

The practice of sentencing of criminals is a practice informed by principles and with particular intended purposes. These practices impact both the offenders and the victims. Understanding these matters is necessary to help ensure the propriety of the approaches adopted.

This unit will build on knowledge and understanding developed in introductory units to help students to understand contemporary frameworks for sentencing those convicted of crimes and the role for victims of crime in the sentencing process. This includes reviewing the philosophical justifications for imposing punishment, the range of available sentences, modern legislative and judicial statements as to the purposes and principles of sentencing, and relevant aggravating and mitigating features and processes for ensuring consistency in sentencing; modern approaches to the roles of victims in the sentencing process; appeals by defence and prosecution; and popular views as to sentencing. There will also be consideration of the process of sentencing and the position of special groups, such as First Nations people, young offenders and offenders with mental disorder.

The aim of this unit is to help students acquire the knowledge required to develop an understanding of the modern principles, purposes and approaches to sentencing, and the role of victims in that, and to assess the propriety of those approaches.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

On successful completion of this unit, students should be able to:

LO1 - Describe key themes and principles applicable to modern approaches to sentencing (GA1, GA2, GA3, GA4, GA5, GA6, GA8)

LO2 - Evaluate approaches to societal responses to the purposes and principles of sentencing, from the perspectives of victims and defendants (GA1, GA2, GA3, GA4, GA5, GA6, GA8)

LO3 - Apply contemporary principles to case studies (GA1, GA3, GA7, GA8, GA9)

Graduate attributes

GA1 - Demonstrate respect for the dignity of each individual and for human diversity

GA2 - Recognise their responsibility to the common good, the environment and society 

GA3 - Apply ethical perspectives in informed decision making

GA4 - Think critically and reflectively 

GA5 - Demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA6 - Solve problems in a variety of settings taking local and international perspectives into account

GA7 - Work both autonomously and collaboratively 

GA8 - Locate, organise, analyse, synthesise and evaluate information 

GA9 - Demonstrate effective communication in oral and written English language and visual media 

Content

Topics will include:

• The common law approach to sentencing, and the philosophical justifications for punishment.
• The role of the legislature in setting maximum sentences, the purposes and principles of sentencing, and efforts to secure minimum sentences.
• The range of sentences.
• Approaches to consistency in sentencing, from appellate courts and guidelines bodies.
• Processes of sentencing, including information provided, the role of victims, the role of restorative justice, and appeals
• Sentencing in special situations, including:
• Young offenders
• Offenders with mental disorder
• Ancillary orders, including forfeiture and confiscation of the proceeds of criminality
• Popular views as to sentencing, including the rise of popular punitivism.

Learning and teaching strategy and rationale

This unit comprises 150 hours of study in total. It will be taught over a 12 week semester, with one 2-hour lecture followed by a 1-hour tutorial each week. Other study components might include on-line webinars, podcasts, readings, discussion forums etc. The balance of the hours is comprised of self-directed study.

The teaching strategy employed in this unit involves students’ active participation in practical learning and assessments that focus on real-world problems and challenges. In these ways the unit seeks to help students to develop their problem solving, decision making and investigative skills with regard to issues of sentencing and the role of victims in the sentencing process. This unit engages students in active learning activities, such as reading, writing, discussion and problem-solving to promote analysis, synthesis and evaluation of class content. Students will also work collaboratively in groups to prepare and deliver a Sentencing Simulation. Collaborative learning is an important component of active learning and sits within a community of inquiry theoretical framework. It provides opportunities for a group of individuals to collaborate in purposeful critical discourse and reflection to construct personal meaning and mutual understanding.

Assessment strategy and rationale

The assessment tasks in this unit comprise a strategy that is explicitly created to support achievement of, and determination of, the unit Learning Outcomes. They do this through integration with the learning and teaching strategy above.

This unit will be assessed by three assignments: a short written task focused on the requisite content knowledge, a research assignment, and a final examination.

1. Short Written Task. Students will be required to describe key themes relating to an aspect of the sentencing framework. This may take the form of a short answer test, in-class ‘minute paper’ or other equivalent task.
2. Research Essay. This assessment requires students to critically evaluate societal responses to criminal behaviour through sentencing. The research essay will allow students to engage with the scholarship on specific approaches to research and write a substantial essay that responds to a question that engages with key issues within sentencing law, practice and procedure.
3. Sentencing Simulation. Students will participate in a complex role playing exercise in which they will apply contemporary principles to case studies, such as (by way of illustration) conducting a mock sentencing hearing or an appellate hearing to consider the propriety of a sentence imposed by a trial court. This assessment will allow students to demonstrate their capacity to work collaboratively in the field of criminal justice and demonstrate a professional attitude, to the problems or task at hand. It will involve both written submissions and oral presentations, with students acting as (by way of illustration) advocates, judges, and expert witnesses.

Overview of assessments

Representative texts and references

Davies P, Francis P & Greer C, Victims, Crime and Society, 2nd edition, 2017.

Davies R & Bartels L, The Use of Victim Impact Statements in Sentencing for Sexual Offences: Stories of Strength, 2021.

Karmen A, Crime Victims: An Introduction to Victimology, 10th edition, 2018.

Wilson D & Ross S, eds., Crime, Victims and Policy, 2015.

Iliadis M, Adversarial Justice and Victims' Rights: Reconceptualising the Role of Sexual Assault Victims, 2020.

Matthew H, Victims of Crime: Construction, Governance and Policy, 2017.

Davis R, Lurigio A & Herman S, Victims of Crime, 4th edition, 2012.

Milligan L, Witness: An investigation into the brutal cost of seeking justice, 2020.

Lee B, Eggshell Skull, 2018.

Commonwealth Director Public Prosecutions: Sentencing of Federal Offenders in Australia: A Guide for Practitioners.

Judicial Commission of New South Wales: https://www.judcom.nsw.gov.au/.

Legislative regimes: https://www.legislation.vic.gov.au/ and https://www.legislation.nsw.gov.au/.

Sentencing Advisory Council of Victoria: https://www.sentencingcouncil.vic.gov.au/.