Criminal Sentencing as an Ethical Conundrum: The Irreconcilable Tension Between Judicial Discretion and Stare Decisis

This program will equip attorneys with the skills needed to evaluate the ethical boundaries of judicial discretion and the utility of deterrence theory in criminal sentencing. Assessing different theories of justice in the criminal system is essential for determining how to fairly and effectively balance the rights of defendants with the needs of the general public.

Attorneys will learn about the tension between consistency and individualization in the criminal justice system, different jurisprudential perspectives on law and justice, and different criminological perspectives on deviance and deterrence. The course will also analyze how modern criminological paradigms on criminality and deterrence culminated in the Violent Crime Control and Law Enforcement Act of 1994.

Moreover, the course will explore current understandings of general deterrence factors under 18 U.S.C. §3553(a)(2): Imposition of a Sentence. Similarly, participants will also examine current caselaw regarding the ethical exercise of judicial discretion and different perspectives on the fairness of judicial discretion. Lastly, the course will compare judicial polymorphism and unitarianism to determine whether statutory phrases should have multiple meanings or if the sequence of litigation is most dispositive to outcomes.

Attorneys with all levels of experience will benefit from this course, especially attorneys seeking to learn more about the metes and bounds of discretionary authority vested in the judiciary and the ethical duty to avoid the abuse of that discretion in criminal sentencing.

Learning Objectives:

1. Evaluate the ethical tension in criminal sentencing between individualization and decisionism versus consistency and stare decisis about judicial discretion.
2. Review classical jurisprudential schools of thought on the purpose of criminal law.
3. Compare and contrast classical criminological deterrence schools of thought.
4. Assess modern criminological deterrence schools of thought.
5. Consider the emergence of deterrence theory during the 1990s “war on crime” to justify general deterrence theory and harsher penalties.
6. Evaluate deterrence theory as enacted in 18 U.S.C. 3553: Imposition of a Sentence.
7. Examine caselaw interpreting 18 U.S.C. 3553 to provide substantial discretion to courts in conducting a procedural and substantive review.
8. Review of judicial polymorphism vs. unitarianism in decision-making.

Course Time Schedule:

Eastern Time: 12:00 PM - 2:00 PM
Central Time: 11:00 AM - 1:00 PM
Mountain Time: 10:00 AM - 12:00 PM
Pacific Time: 9:00 AM - 11:00 AM
Alaska Time: 8:00 AM - 10:00 AM
Hawaii-Aleutian Time: 7:00 AM - 9:00 AM

This course is also being presented on the following dates:

Friday, March 13, 2026
Friday, April 3, 2026
Friday, April 24, 2026
Friday, May 15, 2026
Friday, June 26, 2026