522 Sentencing (Moreau)

LAW522

Advocacy in Sentencing

(Moreau)

Prerequisite courses:

Prerequisite for:

Instructor(s): Paul Moreau

Course credit: 3

Method of presentation: Lecture / Other

METHOD OF EVALUATION

Court attendance and short report – 10%

Major written assignment – 70%

Moot Court exercise – 20%

COURSE DESCRIPTION

Students in this course will receive a comprehensive overview of the law of sentencing in Canada, with a view to developing the knowledge and practical skills necessary to conduct an effective sentencing hearing. The course will begin with a brief historical review of the concept of punishment and the philosophical underpinnings of sentencing law, which continue to resonate within current approaches today. The focus will then shift to consider the interplay between legislative and judicial approaches to sentencing, with reference to evidentiary rules governing sentencing hearings, and the substantive principles of adult and young offender sentencing. The course will integrate written components (case preparation, involving analysis of substantive issues, identification of procedural requirements and development of an oral and written sentencing strategy) with oral advocacy exercises. The final written assignment will require students to draw upon knowledge and skills developed during the course to prepare a sentencing brief, and to litigate that brief in a moot court exercise.

While there is no formal prerequisite, a knowledge of the law of evidence is helpful.

SPECIAL COMMENTS

Description updated 2021-22. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

Recommended:

Clayton C. Ruby, et al. Sentencing, 9th ed. (Markham: LexisNexis Canada Inc., 2017)