David Rossman

Director, Criminal Law Clinical Programs

Professor of Law

BA, Dartmouth College
JD, Harvard University

Areas of Interest
Criminal Law & Procedure, Trial Advocacy
Contact
Biography

Since 1978, David Rossman has served as director of BU Law’s Criminal Law Clinical Programs. He teaches courses in criminal procedure, criminal trial practice, criminal trial advocacy and issues in criminal justice. “Working with young lawyers on actual litigation is immensely satisfying,” he says. “I’m always energized by the new ways in which they attack problems that seem old hat to me.”

Professor Rossman has maintained an active criminal defense practice for nearly three decades. He has represented defendants at all state and federal court levels, including the U.S. Supreme Court. He also has served as an assistant district attorney in Middlesex County, Massachusetts, where he was responsible for grand jury investigations and prosecutions of white-collar crimes. As a Massachusetts special assistant attorney general, he represented bar counsel in federal litigation regarding the rules of ethics that regulate federal prosecutors. “Criminal law is exciting to me because the way it is formulated and implemented by police and the courts helps define the very society in which we live,” he says. “The issues involved are at the forefront of the public’s attention and literally have to do with life and death.”

Additionally, Professor Rossman has served as a law clerk on the U.S. Court of Appeals for the District of Columbia Circuit and a teaching fellow at Boston College Law School. He has consulted with the Massachusetts Department of Personnel Administration and the U.N.’s Crime Prevention and Criminal Justice Program and has written a treatise on guilty pleas, as well as monographs and articles on criminal procedure. In 2000, Professor Rossman spoke on “The Fight Against International Crime and the Threat to Individual Liberties” at the “Globalization and Crime” conference in Mexico City. He is currently involved in a State Department grant that provides assistance to a law school clinic in Siberia.

Publications
  1. Wendy Kaplan & David Rossman, "Called 'Out' at Home: The One Strike Eviction Policy and Juvenile Court," in Symposium Our Youth at a Crossroad: The Collateral Consequences of Juvenile Adjudication, 3 Duke Forum for Law and Social Change 109 (2011).
    Publisher
  2. David Rossman, "Conditional Rules in Criminal Procedure: Alice in Wonderland Meets the Constitution," 26 Georgia State University Law Review 417 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  3. David Rossman, "The Globalization of Crime and the Threat to Individual Liberty," in Derecho Penal y Globalizacion __, Rafael Marquez Pinero, ed., Editorial Porrua (2001).
  4. David Rossman, "Challenging Guilty Pleas," in Criminal Law Advocacy: Guilty Pleas Chapter 6, Matthew Bender (1995).
  5. David Rossman, "The Factual Basis Requirement," in Criminal Law Advocacy: Guilty Pleas Chapter 4, Matthew Bender (1995).
  6. David Rossman, Supplements XXII and XXIII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1995).
  7. David Rossman, "The Effect of a Guilty Plea," in Criminal Law Advocacy: Guilty Pleas Chapter 5, Matthew Bender, 1982 (1994).
  8. David Rossman, Supplements XX and XXI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1994).
  9. David Rossman, "Voluntariness," in Criminal Law Advocacy: Guilty Pleas Chapter 2, Matthew Bender, 1982 (1994).
  10. David Rossman, "The 'Knowing and Intelligent' Requirement," in Criminal Law Advocacy: Guilty Pleas , Matthew Bender, 1982 (1993).
  11. David Rossman, "Plea Bargaining and the Federal Sentencing Guidelines," in Criminal Law Advocacy: Guilty Pleas Chapter 11, Matthew Bender, 1982 (1993).
  12. David Rossman, Supplements XVIII and XIX to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1993).
  13. David Rossman, Supplements XVII and XVIII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1992).
  14. David Rossman, Supplements XV and XVI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1991).
  15. David Rossman, "'Were There No Appeal': The History of Review in American Criminal Courts," 81 Journal of Criminal Law and Criminology 501 (1990-91).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  16. David Rossman, "Double Jeopardy," in Massachusetts Criminal Defense Chapter 21, Eric D. Blumenson, ed., Butterworth Legal Publishers (1990).
  17. David Rossman, Supplement XIII and XIV to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1990).
  18. David Rossman, Supplement XI and XII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1989).
  19. David Rossman, Supplement IX and X to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1988).
  20. David Rossman, Supplement VII and VIII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1987).
  21. David Rossman, Supplement IV to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1986).
  22. David Rossman, Supplement V and VI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1986).
  23. David Rossman, Supplement III to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1985).
  24. David Rossman, Supplement II to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1984).
  25. David Rossman, Supplement I to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1983).
  26. David Rossman, 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender (1982).
    Publisher
  27. David Rossman, The Impact of the Mandatory Gun Law in Massachusetts, report to the Law Enforcement Assistance Administration, (1979).
  28. David Rossman, "Massachusetts' Mandatory Minimum Sentence Gun Law: Enforcement, Prosecution and Defense Impact," 16 Criminal Law Bulletin 150 (1979).
  29. David Rossman, "Testing the Sufficiency of the Prosecution's Evidence by a Motion for a Judgement of Acquittal," in Criminal Defense Techniques Chapter 39, Matthew Bender, 1969 (1978).
  30. David Rossman, "Criminal Law and Procedure," 23 Annual Survey of Massachusetts Law __ (1975-76).
    HeinOnline (BU) | HeinOnline
  31. David Rossman, Sheldon Krantz et al., The Right to Counsel in Criminal Cases: The Mandate of Argersinger v. Hamlin, Boston University Center for Criminal Justice (1976).
  32. David Rossman, "Criminal Law and Procedure," 22 Annual Survey of Massachusetts Law __ (1974-75).
    HeinOnline (BU) | HeinOnline
  33. David Rossman, Intake Screening, A Proposal for Massachusetts District Attorneys, report for Boston University Center for Criminal Justice, (1975).
  34. David Rossman, "Boundaries of the Sixth Amendment: When Is a Crime not a Criminal Prosecution?" 12 American Criminal Law Review 633 (1974-75).
  35. David Rossman, "Criminal Law and Procedure," 21 Annual Survey of Massachusetts Law 35 (1974).
    HeinOnline (BU) | HeinOnline
Courses

4 credits

This course examines basic issues in criminal procedure that cut across the investigative and adjudicative stages. We will consider how the Constitution shapes the criminal justice system in the courtroom in areas such as the concepts of the presumption of innocence and proof beyond a reasonable doubt, the right to counsel, grand jury requests for the production of evidence, plea bargaining and the application of the Exclusionary Rule seeking to suppress evidence the police obtained in violation of the Constitution. We will also study the limits the Constitution places on the power of the police in the areas of interrogation, searches, seizures of property and stop and arrest, paying particular attention to the issue of racial profiling. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD821). Students who previously enrolled in Criminal Procedure: Adjudicatory (JD820) are also restricted from registering.

SPRG 2016: LAW JD 819 A1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman LAW
SPRG 2017: LAW JD 819 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman

3 credits

THIS CLASS IS RESTRICTED to 2L students who have applied to and been accepted to start the Criminal Clinic in Spring 2017. Trial Advocacy is a three credit course which will meet once a week for two hours. It will focus on courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

SPRG 2016: LAW JD 981 A1 , Jan 12th to Apr 19th 2016
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 3 David RossmanBrian A. Wilson LAW
Fri 10:30 am 1:30 pm 3 David RossmanBrian A. Wilson LAW
SPRG 2017: LAW JD 981 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 3 David RossmanBrian A. Wilson
Fri 10:30 am 1:30 pm 3 David RossmanBrian A. Wilson

5 credits

THIS CLASS IS RESTRICTED to students who have applied to and been accepted into the Criminal Clinical Program. The Fall section is restricted to 3Ls who will begin the program in Fall 2016. The Spring 2017 section is restricted to 2L students who will begin the program in Spring 2017. (Fall/3L section) Criminal Trial Practice I will meet in the first semester for two hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. 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. After the completion of this course, students will be assigned to the Prosecutor or Defender component of the clinic and must register for the appropriate section in the following semester. (Spring/2L Section) Criminal Trial Practice I will meet in the second semester for three hours each week at the law school and will require students to be available one morning a week to be in court, from Monday through Thursday. 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. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

FALL 2015: LAW JD 982 A1 , Sep 1st to Dec 1st 2015
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW
SPRG 2016: LAW JD 982 A1 , Jan 12th to Apr 19th 2016
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 5 David RossmanBrian A. Wilson LAW
Fri 10:30 am 1:30 pm 5 David RossmanBrian A. Wilson LAW
FALL 2016: LAW JD 982 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW
SPRG 2017: LAW JD 982 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 5 David RossmanBrian A. Wilson
Fri 10:30 am 1:30 pm 5 David RossmanBrian A. Wilson

8 credits

THIS CLASS IS RESTRICTED to 3L students who started the Criminal Clinic in Spring 2015. 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. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

FALL 2015: LAW JD 913 A1 , Sep 4th to Dec 4th 2015
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm 8 David RossmanBrian A. Wilson LAW
FALL 2016: LAW JD 913 A1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm 8 David RossmanBrian A. Wilson LAW

8 credits

THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2016. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. 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. Students in the Defender Program must be available to be in court two days a week, from Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

SPRG 2016: LAW JD 898 A1 , Jan 14th to Apr 14th 2016
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 8 Wendy KaplanDavid Rossman LAW
SPRG 2017: LAW JD 898 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 8 Wendy KaplanDavid Rossman

Var credits

THIS CLASS IS RESTRICTED to 3L students who have applied to and been accepted into the Criminal Clinical Program and who will begin the program in Fall 2016. This course will meet in the second semester for those students who have completed Criminal Trial Practice I. 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 in the Prosecutor Program must be available to be in court two days a week, Monday through Thursday. NOTE: The Criminal Clinical Program satisfies the upper-class professional skills requirement.

SPRG 2016: LAW JD 899 A1 , Jan 14th to Apr 14th 2016
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman LAW
SPRG 2016: LAW JD 899 B1 , Jan 14th to Apr 14th 2016
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var LAW
FALL 2016: LAW JD 899 A1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm Var LAW
FALL 2016: LAW JD 899 B1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm Var LAW
SPRG 2017: LAW JD 899 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman
SPRG 2017: LAW JD 899 B1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman

3 credits

This seminar 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.

FALL 2015: LAW JD 920 A1 , Aug 31st to Nov 30th 2015
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 David Rossman LAW
FALL 2016: LAW JD 920 A1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 David Rossman LAW
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