2006-07 Course Catalog:

Introduction to Advocacy (ITA): Criminal Justice

Fall/Winter term, Block K
Th 5 PM - 7 PM

Open to 3Ls only.
Professor Charles J. Ogletree
7 classroom credits Fall/Winter

(3F (TAW) + 3F +1W)

4 clinical credits (3F +1W)

This course seeks to examine the nature, functions, dynamics, and ethics of such tasks as interviewing, investigation, examination and cross-examination of witnesses, argument, and other aspects of criminal defense advocacy, both in and out of the courtroom. The course will also examine the theory and practice of defense advocacy for minors accused of delinquency, focusing on the constitutional framework of the juvenile justice system. Students will study the Massachusetts juvenile courts, examining the history and philosophy of a separate juvenile system, juvenile court jurisdiction, and the impact of various state agencies on the administration of justice in juvenile court. The course will attempt to develop a variety of operational and ethical frameworks within which students can understand and evaluate their practice experience.

Students can expect to represent clients on criminal and juvenile delinquency cases in the local courts. They may also provide representation to minors in school disciplinary hearings or represent adult clients in appellate or other post-conviction legal proceedings. Students will be responsible for providing complete legal representation to their clients during the course of the term and are expected to work a minimum of twenty hours per week at the Criminal Justice Institute under the supervision of a clinical instructor at the Institute. Students will receive one-to-one supervision, individual critique of their courtroom work, and participate in regular group sessions with their supervisor. Classroom reading and discussion will draw upon and complement the students' experiences as defense counsel.

The teaching method will include exercises and discussions on the Code of Professional Responsibility and the Model Rules of Professional Responsibility. Students will become familiar with the Fourth, Fifth, Sixth, and Fourteenth Amendment rights of both adults and juveniles accused of delinquency, as well as the law of evidence and sentencing. There will be a review of essential lawyering skills in criminal practice.

Please note that the ITA: Criminal Justice course includes a professional responsibility component and satisfies the professional responsibility graduation requirement. Students may enroll in a second course with a professional responsibility requirement, but the course taken second will be reduced by one classroom credit. Enrollment for this course is through the Office of Clinical and Pro Bono Programs. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for early drop/add deadlines and rules for all clinical courses.