Spring 2024 - CRIM 344 D100

Sentencing: Theory, Law and Practice (3)

Class Number: 4390

Delivery Method: In Person

Overview

  • Course Times + Location:

    Jan 8 – Apr 12, 2024: Tue, 12:30–2:20 p.m.
    Burnaby

  • Exam Times + Location:

    Apr 17, 2024
    Wed, 12:00–3:00 p.m.
    Burnaby

  • Prerequisites:

    CRIM 101 and CRIM 135.

Description

CALENDAR DESCRIPTION:

Explores sentencing theory, the law applicable to sentencing, the practice of sentencing, and public perceptions. Looks at reforms of sentencing practice. The legal framework governing sentencing practices will be closely analyzed. However, a multidisciplinary approach will be taken, incorporating legal and social science perspectives. Students who have taken CRIM 416 in Spring 2019 and CRIM 414 (Spring 2011, Spring 2012, Spring 2013, and Fall 2015), under the title "Sentencing: Theory, Law and Practice" may not take this course for further credit.

COURSE-LEVEL EDUCATIONAL GOALS:

* Discuss and critically analyze the role of sentencing in the criminal justice system.

* Identify and critically analyze the complexities of Canadian sentencing law including the purpose and principles of sentencing.

* Understand and critically analyze the methods used by judges at arriving at a sentence, including the use of sentencing ranges, starting points, ascertaining the facts relevant to a sentence, and the characterization of factors as aggravating or mitigating.

* Identify and discuss the role of victims in the sentencing process, and the use of plea bargaining in the sentencing process.

* Identify and critically analyze the various Criminal Code provisions pertaining to sentencing.

* Discuss and critically analyze the approaches to sentencing used in other jurisdictions, such as sentencing grids, guideline statements, and computer-based approaches to sentencing.

* Discuss and critically analyze the various forms of disposition available to sentencing judges.

* Identify and critically analyze the impact of the Charter of Rights and Freedoms on sentencing.

* Apply knowledge of the sentencing process to a specific hypothetical fact situation, producing a defensible sentence.

Grading

  • Tutorial Participation 10%
  • Presentation 10%
  • Courtroom Sentencing Observation 20%
  • Essay 30%
  • Final Exam 30%

Materials

REQUIRED READING:

  1. Allan Manson, Patrick Healy, Gary Trotter, Julian Roberts, Dale Ives, & Adelina Iftene (eds.) Sentencing and Penal Policy in Canada: Cases, Materials, and Commentary (Fourth Edition). Toronto: Emond, 2024.

 

  1. Pocket Criminal Code, 2024. Toronto: Thomson Reuters, 2023.

 

  1. Additional materials will be available on Canvas.

 


REQUIRED READING NOTES:

Your personalized Course Material list, including digital and physical textbooks, are available through the SFU Bookstore website by simply entering your Computing ID at: shop.sfu.ca/course-materials/my-personalized-course-materials.

Department Undergraduate Notes:

If you have any Criminology course enrollment requests (course adds, course swaps), please contact a Criminology advisor. Please do not contact instructors for enrollment assistance as they will ultimately refer you to a Criminology advisor.

Criminology course enrollment requests should be sent to a Criminology advisor no later than the last day of the Second week of classes. Late enrollment requests are subject to approval and are not guaranteed. 

Enrollment requests for non-Crim courses should be directed to the advisor for the program offering the course. 



ATTENTION: STUDENTS WITH A DISABILITY: Please contact the Center for Accessible Learning, (MBC 1250 or Phone 778-782-3112) if you need or require assistance, not your individual instructors.  

  • N.B.: Students are reminded that attendance in the first week of classes is important. However, there are no tutorials in the first week.
  • ON CAMPUS COURSES ONLY: Assignments not submitted to the Professor/T.A. during class/office hours must be placed in the security box behind the General Office (SWH 10156), or submitted as per Professor’s instructions for courses taking place at Surrey Campus. The assignment drop box is emptied Monday to Friday at 8:30 a.m. and 3:30 p.m. only, with the contents date stamped accordingly. No other department’s date stamp will be accepted (e.g. Library/Campus Security).  For the Surrey Campus, assignments must be hand delivered to the General Office of the Faculty of Arts and Social Sciences, located at SUR 5180, on Monday through Friday, between 8:30 a.m. and 3:30p.m., or placed in the assignment drop box located at the southwest corner of Galleria 5.  The Surrey assignment drop box is emptied Monday through Friday at 8:30 a.m. and 3:30 p.m., with the contents date stamped accordingly.  The School of Criminology is not responsible for assignments submitted in any other manner (e.g., slid under office doors).  The University does NOT accept assignments by fax or email.
  • A student must complete ALL aspects of a course (including assignments, exams, class participation, presentations, chat room components of Distance Education courses and other), otherwise they will receive a grade of N. 
  • The University has formal policies regarding intellectual dishonesty and grade appeals which may be obtained from the General Office of the School of Criminology.
  • Under GP18, the University has policies and procedures which respond to our obligations under the BC Human Rights Code to provide a harassment and discrimination free environment for the students, staff and faculty of this institution.  Members of this community have an affirmative obligation to safeguard the human rights of others.

UNIVERSITY POLICY FORBIDS FINAL EXAMINATIONS WHILE CLASSES ARE STILL IN SESSION.

Students with hidden or visible disabilities who believe they may need class or exam accommodations, including in the current context of remote learning, are encouraged to register with the SFU Centre for Accessible Learning (caladmin@sfu.ca or 778-782-3112) as soon as possible to ensure that they are eligible and that approved accommodations and services are implemented in a timely fashion.

Registrar Notes:

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS

SFU’s Academic Integrity website http://www.sfu.ca/students/academicintegrity.html is filled with information on what is meant by academic dishonesty, where you can find resources to help with your studies and the consequences of cheating. Check out the site for more information and videos that help explain the issues in plain English.

Each student is responsible for his or her conduct as it affects the university community. Academic dishonesty, in whatever form, is ultimately destructive of the values of the university. Furthermore, it is unfair and discouraging to the majority of students who pursue their studies honestly. Scholarly integrity is required of all members of the university. http://www.sfu.ca/policies/gazette/student/s10-01.html