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Third Year Students

The criminal clinic will accept 16 members of the class of 2008. They must commit themselves to participate in the clinic for both semesters of their third year. As a prerequisite to their participation, these students must have completed by the end of the first semester of next year, a course in Evidence, a course in Trial Advocacy, and a course in Criminal Procedure.

Fall 2007

In the first semester of 2007-08, these students will participate in Criminal Trial Practice I. 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.

Spring 2008

In the second semester of 2007-08, these students will continue their participation in the criminal clinic by enrolling in Criminal Trial Practice II. This course 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. Students in the Prosecutor Program in the second semester will receive five credits and must be available to be in court one day a week. Students in the Defender Program in the second semester will receive eight credits and must be available to be in court two days a week.

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 year, 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 year, 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.