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. David Rossman, "Resurrecting Miranda's Right to Counsel," 97 Boston University Law Review 1129 (2017).
    SSRN | Publisher
  2. 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
  3. 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
  4. David Rossman, "The Globalization of Crime and the Threat to Individual Liberty," in Derecho Penal y Globalizacion __, Rafael Marquez Pinero, ed., Editorial Porrua (2001).
  5. David Rossman, Supplements XXII and XXIII to 2 Criminal Law Advocacy: Guilty Pleas, 1982, Matthew Bender (1995).
  6. David Rossman, "Challenging Guilty Pleas," in Criminal Law Advocacy: Guilty Pleas Chapter 6, Matthew Bender (1995).
  7. David Rossman, "The Factual Basis Requirement," in Criminal Law Advocacy: Guilty Pleas Chapter 4, Matthew Bender (1995).
  8. David Rossman, "The Effect of a Guilty Plea," in Criminal Law Advocacy: Guilty Pleas Chapter 5, Matthew Bender, 1982 (1994).
  9. David Rossman, Supplements XX and XXI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1994).
  10. David Rossman, "Voluntariness," in Criminal Law Advocacy: Guilty Pleas Chapter 2, Matthew Bender, 1982 (1994).
  11. David Rossman, "The 'Knowing and Intelligent' Requirement," in Criminal Law Advocacy: Guilty Pleas , Matthew Bender, 1982 (1993).
  12. David Rossman, "Plea Bargaining and the Federal Sentencing Guidelines," in Criminal Law Advocacy: Guilty Pleas Chapter 11, Matthew Bender, 1982 (1993).
  13. David Rossman, Supplements XVIII and XIX to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1993).
  14. David Rossman, Supplements XVII and XVIII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1992).
  15. David Rossman, Supplements XV and XVI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1991).
  16. 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
  17. David Rossman, "Double Jeopardy," in Massachusetts Criminal Defense Chapter 21, Eric D. Blumenson, ed., Butterworth Legal Publishers (1990).
  18. David Rossman, Supplement XIII and XIV to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1990).
  19. David Rossman, Supplement XI and XII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1989).
  20. David Rossman, Supplement IX and X to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1988).
  21. David Rossman, Supplement VII and VIII to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1987).
  22. David Rossman, Supplement IV to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1986).
  23. David Rossman, Supplement V and VI to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1986).
  24. David Rossman, Supplement III to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1985).
  25. David Rossman, Supplement II to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1984).
  26. David Rossman, Supplement I to 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender, 1982 (1983).
  27. David Rossman, 2 Criminal Law Advocacy: Guilty Pleas, Matthew Bender (1982).
    Publisher
  28. David Rossman, The Impact of the Mandatory Gun Law in Massachusetts, report to the Law Enforcement Assistance Administration, (1979).
  29. David Rossman, "Massachusetts' Mandatory Minimum Sentence Gun Law: Enforcement, Prosecution and Defense Impact," 16 Criminal Law Bulletin 150 (1979).
  30. 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).
  31. David Rossman, "Criminal Law and Procedure," 23 Annual Survey of Massachusetts Law __ (1975-76).
    HeinOnline (BU) | HeinOnline
  32. 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).
  33. David Rossman, "Criminal Law and Procedure," 22 Annual Survey of Massachusetts Law __ (1974-75).
    HeinOnline (BU) | HeinOnline
  34. David Rossman, Intake Screening, A Proposal for Massachusetts District Attorneys, report for Boston University Center for Criminal Justice, (1975).
  35. David Rossman, "Boundaries of the Sixth Amendment: When Is a Crime not a Criminal Prosecution?" 12 American Criminal Law Review 633 (1974-75).
  36. 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) or Criminal Procedure: Adjudicatory (JD820).

SPRG 2017: LAW JD 819 A1 , Jan 18th to Apr 26th 2017
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman LAW 414
SPRG 2018: LAW JD 819 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg Room
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Criminal Law Clinical Program. This course meets in the spring and is mandatory for all 2L students in the Criminal Law Clinical Program. Criminal Trial Advocacy focuses on teaching courtroom skills in the context of criminal trial litigation. NOTE: The Criminal Law 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.

SPRG 2017: LAW JD 981 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 3 David RossmanBrian A. Wilson LAW 702
Fri 10:30 am 1:30 pm 3 David RossmanBrian A. Wilson LAW 702
SPRG 2018: LAW JD 981 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
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 formally applied to and been accepted to the Criminal Law Clinical Program. Criminal Trial Practice I is mandatory for students in their first semester of the Program. 2Ls take the course fall or spring, as determined in consultation with the Director of the Criminal Law Clinical Program upon acceptance to the Program. 3Ls take the course in the fall. The course consists of a fieldwork and classroom component. The classroom component provides students with an introduction to Massachusetts criminal procedure and basic instruction in lawyering skills such as case planning and investigation. For their fieldwork, students are assigned to cases handled by senior members of the Program and conduct tasks out of court such as legal research, fact investigation, witness interviews and preparation. Students spend one morning a week 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 and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2016: LAW JD 982 A1 , Sep 6th to Dec 6th 2016
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW 702
SPRG 2017: LAW JD 982 A1 , Jan 17th to Apr 25th 2017
Days Start End Credits Instructors Bldg Room
Tue 2:10 pm 4:10 pm 5 David RossmanBrian A. Wilson LAW 702
Fri 10:30 am 1:30 pm 5 David RossmanBrian A. Wilson LAW 702
FALL 2017: LAW JD 982 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW 702
SPRG 2018: LAW JD 982 A1 , Jan 16th to Apr 24th 2018
Days Start End Credits Instructors Bldg Room
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 2016: LAW JD 913 A1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm 8 David RossmanBrian A. Wilson LAW ARR

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. Students represent indigent defendants charged with criminal offenses in either the Boston Municipal Court or the Boston Juvenile Court. Students gain exposure to lawyering experiences such as investigation, interviewing, counseling and trial advocacy with a primary emphasis on the development of trial skills. Students 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. Students 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 and counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2017: LAW JD 898 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 8 Wendy KaplanDavid Rossman LAW 702
FALL 2017: LAW JD 898 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm 8 Wendy KaplanDavid Rossman LAW 702
SPRG 2018: LAW JD 898 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 8 Wendy KaplanDavid Rossman

Var 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 Prosecutor section. Students act 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 supervision of the clinical professor. Students are exposed to a wide variety of experiences, including investigation, interviewing and trial advocacy. Students litigate evidentiary hearings and conduct every phase of a jury or bench trial. Students collaborate but serve as the lead prosecutors on their own cases. Case assignments are based upon an individual assessment of a student's progress and demonstrated competence. Students in the Prosecutor Program may choose to be in court either one or two days a week, Monday through Thursday. Those in court only one day receive 5 credits, those in court two days receive 8 credits. 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.

FALL 2016: LAW JD 899 A1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David Rossman LAW 702
FALL 2016: LAW JD 899 B1 , Sep 9th to Dec 2nd 2016
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David Rossman LAW ARR
SPRG 2017: LAW JD 899 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman LAW 702
SPRG 2017: LAW JD 899 B1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman LAW 702
FALL 2017: LAW JD 899 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
FALL 2017: LAW JD 899 B1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg Room
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
SPRG 2018: LAW JD 899 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman
SPRG 2018: LAW JD 899 B1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg Room
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 2016: LAW JD 920 A1 , Sep 8th to Dec 8th 2016
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 David Rossman LAW 702

3 credits

Public interest legal practice consists of a wide variety of activities. It takes place in government agencies of all levels, from local to federal; in law firms specifically dedicated to public interest causes and in private law firms doing pro-bono work; in public defender's offices, in intergovernmental organizations, in labor unions, and in NGOs. It may take the form of litigation or legislative advocacy. A common denominator of such activities is the fact that actual or potential clients are/would not be able to pay for legal services. This seminar aims to introduce students to a significant subset of public interest law activities. Each week, a different faculty member or guest presents to the students a sample of their public interest work. Before each session, students submit short reaction papers commenting on readings assigned by that week's presenter, who will give students feedback during and after the session. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2017: LAW JD 875 A1 , Sep 7th to Dec 7th 2017
Days Start End Credits Instructors Bldg Room
Thu 4:20 pm 6:20 pm 3 David RossmanCarolyn G. Goodwin LAW 513
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