Class 2 - Sentencing

Prepare:

Do:  Sentencing Problem-Set.  Your assignment is based on the first letter of your last name, as follows:

A-E       Attorney for Defendant Lucas
F-K      Attorney for Defendant Tolbert
L-P       Prosecutor for both defendants
R-Z       Judge 

Attorneys for Lucas and Tolbert should prepare a sentence recommendation and a justification for that recommendation.

Prosecutors should prepare a sentence recommendation and justification for both defendants

Judges should select a sentence for each defendant and prepare a brief justification

Some students will be called on to present their recommendations and justifications to the "court." All students will have an opportunity to provide input (on behalf of the party they represent) at the sentencing hearing. Students (other than judges) should be prepared to represent their "client" in role (as an advocate).

Read: all problem materials (instructions, statutes, both pre-sentence reports) and Dressler, pages 11-23, 49-55

Think about: In thinking about your proposed sentence and justification therefore, consider what purposes of punishment are served by your recommendation. Although you need not explicitly justify your sentence on that basis, you should be prepared to defend it with regard to the purposes of punishment discussed in the readings .

Write: It is recommended that you write your recommended sentence and that you write or outline your arguments in justification. Judges must have a written sentence recommendation.

Optional: You may discuss your recommendations and justifications with other students

In Class: Sentencing Hearing

Reflect: 

1. Do you agree with the sentences imposed?  Why or why not?  
   
2. Having observed (or been part of) the sentencing hearing in class, what factors do you believe mattered most in the choice of sentences? Were they the appropriate ones in your view? Why or why not?
   
3. Were there factors that you thought ought to have been considered (or considered more heavily)? What were they and why do you think they were not adequately considered?
   
4. Were there factors that were considered (or were heavily considered) that you feel should not have been taken into such serious consideration? What were they and why do you think they mattered so much?
   
5. How did you feel playing your role as an attorney?  Did you agree with the positions you took on behalf of your client?   Did your personal views affect how you advocated for your client?  What impact do you think your personal feelings will have on your choice of type of practice and who you represent?
   
6. Are the purposes of punishment consistent in the ways they impact the sentences? If not, which ones should control and why?
   
7. Is sentencing more difficult than you imagined? Why or why not?