Students enrolled in the Criminal Law Clinical Program learn first-hand what it means to be a criminal law attorney. They formulate case strategies, engage in client counseling, draft legal pleadings, and litigate trials, evidentiary motion hearings, bail hearings, sentencing hearings, and other matters in court. Their investigative fieldwork includes interviewing witnesses and visiting crime scenes. Students follow their cases from beginning to end; in some years clinic students have even taken their cases to the Massachusetts Supreme Judicial Court.
In addition to their case-related work, students work on projects that complement their learning by allowing them to engage with the criminal legal system in unique ways. Past projects have included representing clients in filing post-conviction petitions for clemency, assisting prosecutor’s offices with conviction integrity review, and designing and teaching law classes at a local jail.
The Criminal Law Clinical Program is a two-semester Program. In their second semester, students can choose from the following:
Prosecutor
Defender
During the first semester of participation, students (called ‘juniors’) have the opportunity to act in a supporting role on cases handled by ‘senior’ members of both the Defender and Prosecutor Clinics, providing a unique opportunity to view the system from both sides. Students with a strong preference may, however, select to work exclusively in only Defender or Prosecutor matters in their junior semester. Juniors also engage with one of the projects throughout the semester.
The ‘seniors’ are second semester students who, after choosing to work as a student Prosecutor or student Defender, carry full responsibility for their own cases. Defenders represent indigent adult and juvenile clients in the Boston Municipal Court and the Boston Juvenile Court in a variety of misdemeanor and felony cases. Prosecutors handle felonies and misdemeanors on behalf of the Norfolk District Attorney’s Office in the Quincy District Court.
Students begin the Criminal Law Clinical Program as either a 2L or a Fall 3L. The requirements for each ‘track’ are different, so please read carefully below. All students participating in the Criminal Law Clinical Program are eligible for the Concentration in Litigation and Dispute Resolution.
Second Year Track
The 2L track begins in the fall semester of a student’s second year and is completed in either fall or spring semester of the third year.
Pre-/co-requisites: Students must take a course in Evidence and a course in Criminal Procedure (Comprehensive or Constitutional) in either the first or second semester of their second year.
2L Year Requirements
Students participate in two courses: Criminal Trial Advocacy (fall) and Criminal Trial Practice I (fall or spring). While enrolled in Criminal Trial Practice I (the ‘junior’ semester), students must reserve one day a week for court observation and participation in addition to the scheduled class time. Court days will be determined before registration begins.
3L Year Requirements
Having completed Criminal Trial Practice I, students take Criminal Trial Practice II, during either the fall or spring semester.
Third Year Track
Available to third-year students, this track begins with classroom work in the fall semester and culminates in trial work in the spring semester. During the fall, students participate in two courses: Criminal Trial Advocacy and Criminal Trial Practice I . While enrolled in Criminal Trial Practice I (the ‘junior’ semester), students must reserve one day a week for court observation and participation, in addition to the scheduled class time. Court days will be determined before registration begins. During the fall semester, students take Criminal Trial Practice II.
Pre-/co-requisites: students must have completed, by the end of the first semester of 3L year, a course in Evidence, and a course in Criminal Procedure (Comprehensive or Constitutional). Students who have not taken a course in Trial Advocacy in their 2L year must enroll in Criminal Trial Advocacy: LAW JD 981 in the fall.
Fall Semester Requirements
Spring Semester Requirements
Criminal Trial Practice II (5-8 credits) examines advanced issues in criminal practice, such as motions to suppress and sentencing advocacy. In conjunction with their class work, students are assigned to either the Prosecutor Clinic or the Defender Clinic. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits.
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Defender section. In the Defender Clinic, students represent clients charged with criminal offenses in the Boston Municipal Court. Students act as defense counsel under the supervision of the clinical faculty member. The work in court provides students with exposure to lawyering experiences such as investigation, interviewing, counseling, motions and trial advocacy. Students must be available to be in court two full days per week, on days to be determined before registration begins. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
Prosecutor Clinic
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice II is for students in their second semester of the Program and who have been assigned to the Prosecutor section. Students serve as prosecutors in the Quincy District Court on behalf of the Norfolk County District Attorney’s office, handling felony and misdemeanor cases of increasing complexity under the direct supervision of the clinical faculty member. Students are exposed to a wide variety of experiences, including investigation, interviewing, motions and trial advocacy. Students litigate evidentiary hearings and conduct every phase of jury and bench trials. Students collaborate but serve as the lead prosecutors on their own cases. Students in the Prosecutor Clinic may choose to enroll for 5 or 8 credits. Students must be available to be in court two full days per week, on days to be determined before registration begins. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.
