Government Lawyer: The Prosecutor
Fall term, Block E
M,T 1:00 PM - 2:30 PM
Assistant Clinical Professor Alex Whiting
3 classroom credits LAW-38000A
2, 3, or 4 required clinical credits LAW-38000C Fall or Spring
The course will examine the roles and responsibilities of the prosecutor, with a particular focus on federal prosecutors. The course will consider questions concerning the politics of prosecution, the role of the prosecutor in the adversarial system (and whether that system is the best for achieving justice), and the autonomy and discretion of the prosecutor. We will look at issues that arise at the policy level for prosecutors, as well as those that face individual prosecutors in their work. Some specific topics that will be addressed will include prosecutorial ethics; disclosure and discovery issues; pretrial publicity; investigations (including use of the grand jury); sentencing; federalization of crime; and dealing with informants, cooperators, and victims. We will consider these issues in the context of different areas of criminal prosecution, including white-collar crime, organized crime, urban violence, and terrorism. A paper will be required in lieu of an examination.
The classroom component of this clinical course satisfies the Law School's professional responsibility requirement. Ordinarily, students may not enroll in two courses that satisfy the professional responsibility requirement. Students who enroll in a clinical course that satisfies the professional responsibility requirement but who have already completed a professional responsibility course may receive one less classroom credit for the second course if there is substantial overlap in professional responsibility coverage. Students who have already taken a professional responsibility course should check with the Vice Dean for Academic Programming in advance of signing up for this clinical course to determine if there is overlap and if a credit reduction will apply.
A clinical practice component is required of all students in this course. Clinical placements are with the United States Attorney's Office or Massachusetts Attorney General. Enrollment will occur during clinical registration. Once enrolled, student placements will be determined through an individualized process. Students will be asked to apply for a security clearance well in advance of starting clinical work. Due to the length of security clearances, there is an early add/drop deadline of June 5, 2009 for Fall clinicals and September 4, 2009 for Spring clinicals. Additional clinical meetings at each placement site will be periodically conducted throughout a student's clinical semester. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates, early add/drop deadlines, and additional information about placements.
Students who have previously taken Government Lawyering - Policy and Practice: Semester in Washington are eligible to take this course.