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Second Year Students

The criminal clinic will accept 16 members of the class of 2011. They must commit themselves to participate in the clinic for two semesters: the second semester of their second year (Spring 2010), and the first semester of third year (Fall 2010). 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 '11 Students On the Selection Process for 2009-10:

Members of the class of 2011 who are not selected to participate in 2009-10 may reapply next year. If you are not offered a place in the criminal clinic for 2009-10 and you reapply the following year, you will have preference over those who are applying for the first time. For a description of the third-year track of the Criminal Clinic, please click here.

Spring 2010

In the Spring of 2010, second year students selected to the Criminal Clinic will participate in two courses: Trial Advocacy and Criminal Trial Practice I.

• Trial Advocacy (3 credits) will meet once a week for three hours. It will focus on courtroom skills in the context of criminal trial litigation.
• Criminal Trial Practice I (5 credits) will meet for two hours each week and will also require students to be available one morning a week to be in court. The classroom component of this course introduces Massachusetts criminal procedure and provides basic instruction in lawyering skills such as case planning and investigation. Students will be assigned to cases handled by senior members of the Criminal Clinic 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 2010

In the Fall of 2010, students will continue their participation in the Criminal Clinic by taking three courses: Professional Responsibility, Criminal Trial Practice II, and Issues in Criminal Justice.

• Professional Responsibility (3 credits) meets for two hours a week and focuses on ethical issues that arise in the context of criminal trial litigation. Students will be graded based upon an examination, as well as on short papers which will be assigned throughout the course of the term.
• Issues in Criminal Justice (3 credits) meets for two hours a week and explores issues that the students encounter in the cases which they litigate. Students will analyze the role of the parties in the criminal justice system and institutional problems that play a recurring role. Students will be graded based on class participation and a paper.
• Criminal Trial Practice II (8 credits) presents advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, students will be assigned to either the Prosecutor Program or the Defender Program component of the clinic. Each student will be expected to devote at least two mornings a week to their work in court. Students will be graded based upon how well the students perform with the cases they are assigned and on an examination.

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, 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.