Sentencing and Habeas Corpus: State and Federal Detention

This course will provide an in-depth examination of the law and policy governing criminal punishment and challenges to government detention in the United States. The scope includes both state and federal systems. Topics in the sentencing portion include the purposes of punishment, judicial discretion, development and application of sentencing guidelines, plea bargaining, mandatory minimums, alternatives to incarceration, appeals, Eighth Amendment, “second look” sentencing, reentry programs, and pardons/clemency.

The second half of the course covers habeas corpus, the primary mechanism for collaterally challenging the legality of an individual’s detention. The course will distinguish between pre-conviction habeas corpus (used to challenge non-conviction detentions, such as detention without adequate basis, denial of bail, or removal to another federal district) and post-conviction habeas corpus. We will examine landmark cases involving habeas during wartime, such as Civil War-era detentions, Guantanamo Bay, and detentions in Minnesota and around the United States during the second Trump Administration. This is an essential course for anyone seeking to clerk for a judge, engage in criminal or habeas practice, or with an interest in exploring whether and to what extent the government can detain individuals.