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).
    Publisher | SSRN | Scholarly Commons
  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 2018: LAW JD 819 A1 , Jan 17th to Apr 25th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman LAW
FALL 2018: LAW JD 819 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
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 counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

SPRG 2018: LAW JD 981 A1 , Jan 16th to Apr 24th 2018
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 2019: LAW JD 981 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 3 Wendy KaplanBrian A. Wilson
Fri 10:30 am 1:30 pm 3 Wendy KaplanBrian 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 counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 982 A1 , Sep 5th to Dec 7th 2017
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson LAW
SPRG 2018: LAW JD 982 A1 , Jan 16th to Apr 24th 2018
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 2018: LAW JD 982 A1 , Sep 4th to Dec 4th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 5 David RossmanBrian A. Wilson
SPRG 2019: LAW JD 982 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 2:10 pm 4:10 pm 5 Wendy KaplanBrian A. Wilson
Fri 10:30 am 1:30 pm 5 Wendy KaplanBrian A. Wilson

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 counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 898 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm 8 Wendy KaplanDavid Rossman LAW
SPRG 2018: LAW JD 898 A1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 8 Karen Pita LoorDavid Rossman LAW
FALL 2018: LAW JD 898 A1 , Sep 7th to Nov 30th 2018
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm 8 Wendy KaplanDavid Rossman
SPRG 2019: LAW JD 898 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 8 Karen Pita LoorWendy Kaplan

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 handle pretrial matters, litigate evidentiary hearings, and are assigned to conduct every phase of jury or bench trials. 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 Clinic may choose to enroll for 5 or 8 credits. Those receiving 5 credits must be available to be in court for a full day on Monday, Tuesday or Thursday. Those receiving 8 credits must be available on an additional half day on Monday, Tuesday or Thursday. NOTE: The Criminal Clinical Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

FALL 2017: LAW JD 899 A1 , Sep 8th to Dec 1st 2017
Days Start End Credits Instructors Bldg
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
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
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman LAW
SPRG 2018: LAW JD 899 B1 , Jan 18th to Apr 19th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonDavid Rossman LAW
FALL 2018: LAW JD 899 A1 , Sep 7th to Nov 30th 2018
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
FALL 2018: LAW JD 899 B1 , Sep 7th to Nov 30th 2018
Days Start End Credits Instructors Bldg
Fri 10:30 am 12:30 pm Var David RossmanBrian A. Wilson
SPRG 2019: LAW JD 899 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonStaff
SPRG 2019: LAW JD 899 B1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm Var Brian A. WilsonStaff

3 credits

Public interest legal practice takes many forms. It can involve government agencies, non-profit organizations, private law firms doing pro bono work, public defender's office, labor unions, and inter-governmental organizations, among others. It can take the form of litigation, transactional work, policy-related work, or legislative advocacy. Also, attorneys adopt varied models of public interest lawyering, including approaches known as community lawyering, cause lawyering, and movement lawyering. This seminar engages through readings, guest speakers, and class discussion to examine the various approaches to public interest lawyering. Students will explore how to define the "public interest" and learn different models for public interest lawyering. Students also will gain familiarity with the different substantive areas of public interest law, organizational settings for public interest practice, and modes of public interest advocacy. Many class sessions will include a guest faculty member or a guest attorney who will present a sample of their public interest work in connection with class themes. There will also be time dedicated to discussing speaker presentations. Students will be required to submit short reaction papers to the readings and presentations and perform an in-class oral presentation based on class themes. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class 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
Thu 4:20 pm 6:20 pm 3 David RossmanCarolyn G. Goodwin LAW
FALL 2018: LAW JD 875 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Julie A. DahlstromCarolyn G. Goodwin
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