The Supreme Court is currently reviewing the constitutionality of the United States Sentencing Guidelines. While this has created turmoil for the courts, it also provides an opportunity to reconsider how we currently sentence and how we can do it better.

The focus of the class will be on the Federal Sentencing Guidelines, but we will also consider a number of theoretical readings, including readings from Andrew Von Kirsch, Michael Tonry, and Judge Richard Posner. We would also review some of the readings from the history of sentencing reform, readings from Kate Stith’s “Fear of Judging” and Marvin Frankel’s writings.

In subsequent weeks, we will examine specific issues, including the role of plea bargaining, cooperation incentives, the death penalty, sexual predator statutes, alternative sanctions, etc.

After reviewing theoretical and practical readings, students will be assigned projects in which they would be required to participate in sentencings as judges, prosecutors, and defense attorneys, based upon real cases -- and in those roles -- meet the needs of defendants, victims, and the community.

Papers written for this seminar may be used to satisfy the Advanced Writing Requirement.