Judging Crime

This subject is about the ways in which the criminal justice system responds to crime. It examines the principles that judges and magistrates must consider when sentencing offenders and the role of judicial discretion in the sentencing process. The subject includes an examination of some of the more recent approaches to dealing with offenders that are available in Australia, such as the restorative justice and therapeutic jurisprudential practices used in problem-solving courts and alternative dispute resolution. The effectiveness of different sentencing options is considered, with a special focus on imprisonment and parole. Finally, the subject examines the research on public perceptions of sentencing, and considers the role of the public in sentencing policy and practice. At the end of this subject students should have a clear understanding of the principles and purposes of sentencing, an appreciation of the research literature on the effectiveness of different sentencing options and approaches, and a healthy skepticism of media representations of ‘lenient’ sentencing decisions.