Introduction to Advocacy (ITA): Criminal Justice
Fall/Winter term, Block J/K
W,Th 5:00 PM - 7:00 PM
Clinical Professor Ronald S. Sullivan, Jr.
4 classroom credits LAW-39700A (3 Fall + 1 Winter)
4 required clinical credits (3 Fall + 1 Winter)
3 classroom credits TAW
Open to 3Ls only
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.
A clinical practice component is required of all students, with clinical placements at the Criminal Justice Institute of Harvard Law School. Students can expect to represent clients on criminal and juvenile delinquency cases in the local courts. In the course of representing clients, students may be required to visit correctional institutions, which necessitate a background check. 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 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.
Trial Advocacy Workshop (TAW) is a pre- or co-requisite. Students who have not previously taken TAW will be automatically enrolled in the Fall TAW course.
Enrollment for this clinical course will occur during clinical registration. Please refer to the Office of Clinical and Pro Bono Programs website at http://www.law.harvard.edu/academics/clinical/ for clinical registration dates and early clinical drop/add deadlines.
Class will start the week of October 5, after the completion of TAW. In the winter term, class will meet on Tuesdays and Thursdays from 10:00 AM - 12:00 PM.