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Second Year Students

The criminal clinic will accept 16 members of the class of 2009. They must commit themselves to participate in the clinic for two semesters, continuing on into the first semester of their third year. As a prerequisite to their participation, these students must take a course in Evidence in the first semester of their second year and a course in Criminal Procedure in either the first or second semester of their second year.

Notes For Class of '09 Students On the Selection Process for 2007-08:

Members of the class of 2009 who are not selected to participate in 2007-08 may reapply next year. If you were not offered a place in the criminal clinic for 2007-08 and you reapply the following year, you will have preference over those who are applying for the first time. In May of 2007, the criminal clinic will select 16 members of the class of 2008 to participate in both semesters of 2007-08. In the first semester of 2007-08, these students will take Criminal Trial Practice I. In the second semester of 2007-08, these students will take Criminal Trial Practice II and be assigned to either the Defender or the Prosecutor program. In order to be eligible, these students must have completed a course in Evidence, Trial Advocacy and Criminal Procedure prior to the second semester of 2007-08.

Spring 2008

In the second semester of 2007-08, these students will participate in two courses, Trial Advocacy and Criminal Trial Practice I. Trial Advocacy is a three credit course which will meet once a week for three hours. It will focus on courtroom skills in the context of criminal trial litigation. Each week Criminal Trial Practice I will meet for two hours. It will provide five credits and will require students to be available one morning a week to be in court. The classroom component of this course will provide students an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. Students in the program will be assigned to cases handled by senior members of the Prosecutor and Defender programs and will be expected to conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. One morning a week, these students will be in court observing and second seating the cases they have helped to prepare.

Fall 2008

In the first semester of 2008-09, these students will continue their participation in the criminal clinic by taking positions in either the Prosecutor or Defender Programs. They will take three courses during that semester. They will receive three credits for Professional Responsibility, eight credits for Criminal Trial Practice II and three credits for Issues in Criminal Justice. Issues in Criminal Justice is a three credit seminar which will meet for two hours a week. It will explore issues which the students encounter in the cases which they litigate. The seminar will discuss the role of the parties in the criminal justice system and institutional problems that play a recurring role. The Professional Responsibility course will meet for two hours a week and focus on ethical issues that arise in the context of criminal trial litigation. Criminal Trial Practice II will consider advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, these students will be assigned to either the Prosecutor or Defender component of the clinic. Each student will be expected to devote at least two mornings a week to their work in court.

Defender Program

Students in the Defender Program will be assigned to represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court . In both locations, the students will act as defense counsel under the supervision of a clinical professor. The work in court will provide students with exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy. Primary emphasis is on the development of trial skills, and students will spend the first part of the semester acting as defense counsel in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as exposure to a number of other aspects of the criminal justice system. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence.

Prosecutor Program

Students in the Prosecutor Program will act as prosecutors in the Quincy District Court, for the Norfolk County District Attorney's office. The students will have responsibility for all aspects of the cases they are assigned, under the supervision of the clinical professor. Students will be exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students will spend the first part of the semester representing the Commonwealth in misdemeanor cases of increasing complexity. Later in the semester, representation in felony cases is possible, as well as having an opportunity to appear before a six-person jury session. At all times, of course, case assignments are based upon an individual assessment of a student's progress and demonstrated competence.

Students will receive three separate grades, one for each of the three courses which make up the integrated semester. The grade in Professional Responsibility will be based upon an examination, as well as on short papers which will be assigned throughout the course of the term. Criminal Trial Practice will be graded based upon how well the students perform with the cases they are assigned and on an examination. The grade in Issues in Criminal Justice will be based on class participation and a paper.