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August 27, 2018

Great performances by sentencing role-play volunteers to wrap theory ... and now on to doctrine starting with actus reus

I trust all the judges enjoyed the sentencing presentations from counsel as much as I did, and I hope our (too) short discussion of classic punishment theories whet your appetite for taking a sentencing course in the years to come.  After I wrap this unit with a few final thoughts on Wednesday, we will be on to the doctrines of basic substantive criminal law starting with the "act requirement." 

Because I so love the Proctor and Jones cases, I doubt we will get much past these cases on Wednesday.  But you should expect us to get to the voluntariness materials before the the end of the week.  You also should be sure to notice the first (of many) references to the MPC and the ORC in the list of assigned readings.  The MPC sections are to be found in Appendix B of our text, and I will be handing out key sections of the ORC in class.  (It might be a good legal research exercise to see how many different ways you can find key sections of the ORC on your own.  Here is a hint on one way: Ohio Revised Code, Title 29.)

August 27, 2018 in Course materials and schedule | Permalink


The presenters were over the top fantastic. My concern is the opportunities for rehabilitation become so onerous that the programs appear to set up a "designed to fail" scenario and could actually promote recidivism. Not only did these folks fail in life, they failed in rehabilitation. Think about what that might mean to their own hopes of improvement. These are troubled people and they may "fall off the wagon" one or more times because their weaknesses take time to educate about and practice better ways to deal with their life issues. I wouldn't promote the idea that its okay to violate, but many will invariably fail even when sincere because that's already been their experience in life. I am reminded that alcoholics often fail several times even when quite sincere since their life invariably stumbles across trigger issues that take them under again. The solution? when they fail and are sent back to prison build in an ability to try again after a few months cooling off.

Posted by: Gary Josephson | Aug 27, 2018 10:04:48 PM

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