Module overview
This module blends clinical legal education and experiential learning with the study of the theory, history, sociology and ethics of the death penalty. This will particularly focus on the law and practice in the retentionist states of the United States of America.
Students will be given (when available) an opportunity to engage in active death penalty casework.
Students taking the module are encouraged to apply for the Death Penalty Casework Clinic, but are not required to be a member to participate.
Aims and Objectives
Learning Outcomes
Subject Specific Practical Skills
Having successfully completed this module you will be able to:
- demonstrate working knowledge of the Mitigation Phase of death penalty litigation in the US.
- produce practice-quality casework.
- identify facts which are relevant to defence strategy in US death penalty litigation, building on your knowledge of substantive legal claims.
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the historical, ethical, sociological and political debates surround the death penalty in the USA.
- the global position of the death penalty, including within abolitionist and retentionist states.
- substantive constitutional and case law provisions relating to the operation of the death penalty in the United States.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- think critically, develop coherent arguments orally and/or in writing, communicate your ideas to a group of peers and defend your position under challenge.
- work effectively as a part of a team.
- reflect on practice and progress.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- synthesise evidence and debates on the death penalty to form your own, independent opinion on the use of the death penalty.
- conduct research into contemporary death penalty debates.
- interrogate evidence relating to the effectiveness of the death penalty as a deterrent.
Syllabus
Indicative topics covered on the module will include:
- Global position of the death penalty;
- Empirical evidence about the effectiveness of the death penalty as a deterrent;
- Theoretical positions on the death penalty;
- Moral debates on the death penalty;
- The legal operation of the death penalty within the specific jurisdiction of the United States;
- The history of the death penalty in the United States, including its political, racial, economic and sociological context; and
- Clinical legal education via participating in death penalty casework (when available).
Learning and Teaching
Teaching and learning methods
The module is taught via team teaching by both module leads. Students will engage in interactive seminars which will provide space for in-depth exploration of complex legal topics.
The formative assignment involves students conducting death penalty casework. This is clinical legal education and experiential learning under supervision. Students will then build on the feedback from this to ultimately submit casework which contributes for 10% of their final summative grade. (This will be simulated if it so happens that no active case is available.)
| Type | Hours |
|---|---|
| Seminar | 20 |
| Clinical Practice | 10 |
| Completion of assessment task | 50 |
| Preparation for scheduled sessions | 60 |
| Wider reading or practice | 10 |
| Total study time | 150 |
Assessment
Assessment strategy
10% assessed casework. 10% clinical viva in which students will reflect on their assessed casework. 80% coursework in which students will be given an essay question on death penalty law, theory and practice.Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Casework Viva | 10% |
| Assessment of Practice | 10% |
| Coursework | 80% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Repeat Information
Repeat type: Internal & External