Introduction to Advocacy (ITA): Criminal Prosecution Perspectives
Fall/Winter term, Block K
Th 5:00 PM - 7:00 PM
Mr. John J. Corrigan
3 classroom credits (2 Fall + 1 Winter) LAW-39600A
4 required clinical credits (3 Fall, 1 Winter) LAW-39600C
3 classroom credits Trial Advocacy Workshop LAW-47500 Fall
Open to 3Ls only
Students will be placed in the Middlesex, Norfolk, Suffolk, or Essex County District Attorney's Office, where they will be expected to work a minimum of twenty hours per week under the supervision of assistant district attorneys. At clinical placements, students will represet the Commonwealth prosecuting District Court criminal cases. While student experiences will vary, students are likely to handle arraignments, bail hearings, pretrial conferences, motion hearings, pleas and trials. Some students may have the opportunity to assist an assistant district attorney on pretrial preparation of Superior Court cases and/or to handle a District Court jury trial. Clinical placements will begin the week of October 5, immediately after the completion of the fall Trial Advocacy Workshop.
The classroom component of the course will focus on the role of and decision-making by the prosecutor in the criminal justice system, with particular attention to the exercise of discretion by the prosecutor in investigation, charging, and plea negotiation/sentence recommendation decisions. It will also involve an examination of the lawyering skills involved in case analysis, interviewing witnesses, and negotiation, as well as other aspects of case handling and courtroom advocacy, in the context of the local prosecutor in District Court.
The class instruction for the course during the fall term will consist of one two-hour class per week, as well as several supplemental orientation sessions focusing on Massachusetts criminal law and procedure. Also, extra classes will be scheduled during the winter term.
Readings will consist primarily of multilithed materials. There will be a take-home examination. In addition, students are required to keep a journal relating to their fieldwork experiences, to prepare several short practical skills exercises during the term, and to write a final journal entry containing a more in-depth reflection on an aspect of District Court practice.
This clinical course is only open to 3Ls, and Evidence is a pre-requisite or co-requisite. Students must have at least two days in their schedule free from 8am to 4pm for the clinical component. Students will also automatically be enrolled in the fall Trial Advocacy Workshop unless previously completed.
Enrollment will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.
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.