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Credit Hours:  
Description: This seminar will explore the statutory and constitutional rules regarding the imposition of criminal punishment in the United States.  The course will begin with a discussion of the various purposes of criminal punishment.  Then, using both federal and state regulations as our guide, we will explore such issues as:  the roles of the various actors (legislatures, commissions, parole boards, prosecutors, judges, and juries) in the sentencing process; the use of sentencing guidelines; constitutional constraints on the use of both capital and carceral punishment; assessing the characteristics of the offense and the offender that go into the sentencing decision; constitutional constraints on the sentencing proceeding;  and alternatives to traditional forms of incarceration.  Traditional class discussion will be supplemented with in-class exercises in which students take on the roles of prosecutors, defense attorneys, judges, legislators, and sentencing commissioners.  Each student will also argue a case on a current sentencing issue before a bench composed of the other students and the instructor.  As a final project, each student will then write a judicial opinion and a dissent or concurrence totaling at least 25 pages, including footnotes, resolving that issue.
Prerequisite: None