The problems to be considered include cruel and unusual punishment (especially the constitutionality of the death penalty), theories of punishment, the distinction between elements of an offense and sentencing factors, the shift in noncapital cases from indeterminate sentencing to Sentencing Guidelines, capital sentencing under "guided discretion" statutes, the problem of arbitrariness in both capital and noncapital sentencing, state postconviction review, federal habeas corpus review, and the finality of criminal convictions (with particular attention to claims of actual innocence). Papers may satisfy the writing requirement. P/C: Constitutional Law: Structures and Constitutional Law: Individual Rights to be taken prior or contemporaneously.
Current & Previous Instructors:
|This course is not currently scheduled.|