LAW 2973 - Discretion at Sentencing: A Comparative Approach
Laws set up a system of rules but discretion always remains. In the criminal justice system many players exercise discretion: from the police officer who may choose (not) to arrest a person to the President who may (not) issue a pardon.
This course focuses on discretion in the sentencing and post-sentencing context. While discretion is inevitable and even desirable, it has been exercised, guided and controlled differently over time and in different jurisdictions. This course will explore comparative models in the United States and Europe to analyze the ideological and practical underpinnings of the regulation of discretion. The case study of discretion will lead to a broader understanding of the political, legal and legal-cultural landscape in different countries which shapes legal decision-making.
Prerequisites & Notes
This course will be offered in our summer program at the Max-Planck-Institute in Freiburg, Germany, as part of an in-depth analysis of comparative criminal law and procedure.
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