UH 120 - Law's Liberty
Law is commonly seen as monolithic - massive, solid, and uniform. The expectation of a fair and just legal system seems to be that everyone is treated equally, and that equality is evidence of fairness. Intuitively, though, we know that officials in the legal system can validly make choices. By way of example, we all hope that when we are stopped by the police officer for speeding that we are the one that she gives the warning to. What then in law, is fair?
Discretion for jurors, police, prosecutors, and judges is built into the legal system. This course will explore that discretion to understand why it exists, how it is applied in the legal system, and whether it promotes justice. How can we be sure that a punishment fits a given crime? Why might two defendants accused of the same crime get different punishments? Why might a judge acquit a defendant after they admit to a crime? What value does a jury place on one human life as against another? Is it possible, or recommended, to monitor and control this discretion to avoid abuse?
In this seminar course, we will explore criminal law from a variety of perspectives. We will study the participants in the criminal justice process, the phases of the criminal justice process, ultimately leading to adjudication and sentencing, to include the reasons for punishing convicted criminals, and equity and equality in the law. The crux of this course will be foundational – that is, for example, what is the process by which a case comes before a Court and what are the processes in place for criminal justice actors to use (and whether or not they are used). From that foundation, we will examine more substantive issues – for example, the punishment theory of a society and whether justice is fair to all participants. While this is not a contemporary issues class, we will bring in and use current events to discuss the foundational and substantive concepts in context.
While the course will cover a broad range of topics, and has a diversity of reading material, there are two questions that we will spend the most time on – and examine from the most angles. First, what are the theoretical concerns, the practical concerns, and the justice concerns that go the use of discretion? Second, what is the availability of discretion to actors in the criminal justice process and how does that use (or not) of discretion affect our understanding of criminal and civil law systems?
Discretion for jurors, police, prosecutors, and judges is built into the legal system. This course will explore that discretion to understand why it exists, how it is applied in the legal system, and whether it promotes justice. How can we be sure that a punishment fits a given crime? Why might two defendants accused of the same crime get different punishments? Why might a judge acquit a defendant after they admit to a crime? What value does a jury place on one human life as against another? Is it possible, or recommended, to monitor and control this discretion to avoid abuse?
In this seminar course, we will explore criminal law from a variety of perspectives. We will study the participants in the criminal justice process, the phases of the criminal justice process, ultimately leading to adjudication and sentencing, to include the reasons for punishing convicted criminals, and equity and equality in the law. The crux of this course will be foundational – that is, for example, what is the process by which a case comes before a Court and what are the processes in place for criminal justice actors to use (and whether or not they are used). From that foundation, we will examine more substantive issues – for example, the punishment theory of a society and whether justice is fair to all participants. While this is not a contemporary issues class, we will bring in and use current events to discuss the foundational and substantive concepts in context.
While the course will cover a broad range of topics, and has a diversity of reading material, there are two questions that we will spend the most time on – and examine from the most angles. First, what are the theoretical concerns, the practical concerns, and the justice concerns that go the use of discretion? Second, what is the availability of discretion to actors in the criminal justice process and how does that use (or not) of discretion affect our understanding of criminal and civil law systems?