Introductory description

This module explores key topics in the theory and practice of sentencing and punishment, especially in their relationship with broader notions of social justice. The module takes an interdisciplinary approach, looking at legal issues around sentencing through an engagement with the social, political, cultural and aesthetic dimensions of criminalisation, punishment and justice. This module is less interested in covering all the different rules and laws concerning sentencing than it is with understanding how sentencing works, its assumptions, ideals, forms, functions and purposes. For this purpose, a primary object of study will be that of sentencing remarks. We will analyse and discuss these remarks as legal and cultural artefacts that articulate many different meanings, intentions and desires. These documents will be analysed in conversation with broader laws around sentencing, but also academic scholarship, policy documents and debates, and reflections from practitioners, artists and, in particular, from those in the receiving end of sentences and punishment. Through these investigations, we will seek not only to understand the aims, rules, practice and effects of sentencing, but also how sentencing relates to broader reflections around justice. On this, we will explore the hegemonic position of punitive justice in contemporary societies, and consider avenues for pursuing other, non-punitive approaches to justice.

The module is taught in a 2-hour workshop format and assessed by examination. At each workshop, we will often engage with one or two specific sentencing remarks, involving a detailed analysis of its text and the underpinning legal and social issues. We will then revisit some core literature on the relevant topic and issues, and then we will engage in at least one creative exercise. The exam will consist of two questions, at least one of which will have a primary creative component.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Week 1: Introduction: Sentencing, Punishment and Justice
Week 2: Principles and Policies of Sentencing
Week 3: Sentencing as Practice: Sentencing Remarks
Week 4: Sentencing Decisions and Outcomes
Week5: The Sentenced Subject
Week 6: Reading Week
Week 7: The Aims of Punishment
Week 8: Why do We Punish?
Week 9: Punishment and Justice
Week 10: Beyond Punitive Justice

Learning outcomes

By the end of the module, students should be able to:

• Understand and identify the key concepts, structure and issues in the theory and practice of sentencing and punishment in England and Wales.
• Display knowledge of the main theories, guidelines and outcomes relevant to sentencing and punishment.
• Display the ability to produce a structured and coherent synthesis of material related to theoretical and practical issues on relevant topics.
• Analyse practical problems and apply sentencing principles and rules to specific scenarios.
• Critically engage with contemporary theories and scholarly debates on punishment and its relationship with justice.
• Engage creatively with the relationship between punishment and justice.

Indicative reading list

Reading lists can be found in Talis

Interdisciplinary

Discussions in this module bring together insights from law, philosophy, sociology, criminology and cultural studies. In particular, the second half of the module approaches punishment and justice as socio-cultural phenomena, which can only be properly understood and discussed from an interdisciplinary perspective.

International

While the module focuses on a discussion of sentencing and punishment practices in England and Wales, it invites reflections on the contextual contingency and specificity of such practices and ideas; in doing so, it engages with different approaches to these topics, often referring cultural and legal practices in other contexts and jurisdictions. Also, more broadly, the themes and perspectives discussed in this module are of relevance to understanding issues of global import, well beyond the national context.

Subject specific skills

• The ability to identify, describe and apply key rules and principles of sentencing and punishment.
• The ability to analyse problem scenarios regarding sentencing and punishment.
• The ability to critically and contextually analyse legal decisions.
• The ability to understand and critically engage with key theories and debates around punishment and criminal justice.
• The ability to critically reflect on issues around the delivery of justice through law, and around legal decision-making.

Transferable skills

• The ability to engage in debates from multiple disciplinary perspectives.
• The ability to produce a structured and coherent argument grounded on rigorous scholarly analysis.
• The ability to engage in critical reflections regarding rhetorical and ideological aspects of textual analysis.
• The ability to analyse practical scenarios and to offer informed reflections on ethical, procedural and technical issues.
• The ability to think creatively about social problems.