LL6054 - Penal Policy (2019/20)
| Module specification | Module approved to run in 2019/20 | ||||||||||
| Module title | Penal Policy | ||||||||||
| Module level | Honours (06) | ||||||||||
| Credit rating for module | 15 | ||||||||||
| School | Guildhall School of Business and Law | ||||||||||
| Total study hours | 150 | ||||||||||
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| Assessment components |
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| Running in 2019/20(Please note that module timeslots are subject to change) |
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Module summary
This module provides an introduction to theories of punishment from a criminological and sociological standpoint. It also deals with aspects of sentencing practice and procedure and allows students to participate in sentencing simulation exercises and debates. Certain categories of offender (e.g. young offenders, women) are considered in depth. Finally, the issue of penal reform, including restorative justice, is addressed in the light of the most recent initiatives in the field.
The course includes:
• an introduction to theories of punishment and their historical roots with an emphasis upon critical discussion of the conceptual positions that underscore the system.
• an introduction to the range of sentencing options available to the courts and an awareness of the considerations that confront sentencers in making sentencing decisions.
• techniques for the presentation of arguments relating to sentencing
• a discussion of the institutional experiences of different categories of offenders in a range of penal institutions
• a general discussion of the possibilities for reform of the penal system
Prior learning requirements
None
Syllabus
Legal Ideology: an overview of leading legal ideologies LO 1 and 2
Positivism
Natural law
Feminist theory
Ethical theory.
Balance of independent study and scheduled teaching activity
Learning and Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
An introduction to relevant academic literature;
Guidance on learning strategies;
Use of blackboard and IT resources;
Whole group questions and discussion.
The seminar will be used for:
Development of skills necessary to attain the module learning outcomes through:
Written and oral questions/answers designed to reinforce fundamental rules/principles/cases;
A range of step by step writing exercises;
IT tasks such as research of cases and statutes
Problem-solving
Legal writing
Blended Learning
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of Weblearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research
Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto Weblearn.
Employability
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable. This module will be of particular relevance to students interested in working in the fields of social and restorative justice.
Students’ Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.
Learning outcomes
On completing the module, students will be able to
1. Evaluate and apply the main considerations facing sentencers to simulated sentencing situations and by deciding on an appropriate sentence
2. Demonstrating their ability to present arguments relevant to critical debates relating to theories of punishment and reform of the penal system through analysis, synthesis and critical judgment.
Assessment strategy
Research Project (2,500 – 3,000 words)
The Research Project is in two parts.
The first part is to give a presentation on a sentencing exercise
For the second part, the student will write a 2,500 – 3,000 word paper on two theoretical aspects of penal policy (one to be based on the sentencing exercise from the presentation).
Bibliography
Core Texts:
Ashworth, A, Sentencing and Criminal Justice (Cambridge University Press)
Other Texts:
Ashworth, A, A von Hirsch, & J Roberts, Principled Sentencing: Readings on Theory and Policy, (Hart Publishing)
Cavadino, M, & J Dignan, The Penal System: An Introduction (Sage)
Easton, S, & C Piper, Sentencing and Punishment: The Quest for Justice, (Oxford University Press)
Garland, D, Punishment and Modern Society, (Oxford University Press)
Lacey, N, C Wells, & O Quick, Reconstructing Criminal Law, (Cambridge University Press)
Maguire, M, R Morgan, & R Reiner, (eds.) The Oxford Handbook of Criminology, (Oxford University Press)
Newburn, T, Crime and Criminal Justice Policy, (Longman)
Norrie, A, Punishment, Responsibility and Justice: A Relational Critique, (Oxford University Press)
Tonry, M, & R Fraser (eds.) Sentencing and Sanctions in Western Countries, (Oxford University Press)
Websites:
http://www.justice.gov.uk/converged-sites/hmps/
http://www.justice.gov.uk/about/noms/
http://www.howardleague.org/
http://www.prisonreformtrust.org.uk/
Electronic Databases:
Westlaw
Lexis Library