Description

Students enrolled in this clinic will prosecute cases at the San Jose Superior Court under the guidance of Santa Clara County prosecutors and a faculty supervisor. Students will formulate case strategy, identify and interview witnesses, and advocate before the court at evidentiary motions or preliminary hearings. Students should plan to devote at least three days each week to case preparation and court appearances.

There will be one three-hour class each week (evening class) and weekly lunchtime seminars in the district attorney's office. At the beginning of the term, classes will focus on skills training, including direct and cross-examination, admission of physical evidence, and argument. Toward the end of the term, the classroom focus will shift to an examination and critique of the local mechanisms of criminal justice. Topics will include the impact of race, gender, and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; and the ethical issues that confront prosecutors and defense lawyers. Students will be required to submit regular written reflections on their experiences in and observations of the local justice system.

A course in Evidence is a prerequisite. In rare cases, this requirement may be fulfilled by taking a concurrent clinic module in evidence as described below. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. To accommodate our court schedule, students should keep Tuesdays and Fridays and a third day (all day) clear. The third day may be chosen at the student's discretion, but must be the same day from week to week. Class attendance is mandatory, and class participation will be considered in grading. Students will be asked to commit to the course in the Spring of 2009 -- that is, dropping the course after committing will NOT be permitted.

Special Instructions:

General Structure of Clinical Courses

Beginning with the 2009-2010 academic year, each of the Law School's clinical courses is being offered on a full-time basis for 12 credits. Students enrolled in a clinic are not permitted to enroll in any other classes, seminars, directed research or other credit-yielding activities during the quarter in which they are enrolled in a clinic. This rule will assure students an immersive professional experience without the need to balance clinical projects with other classes, exams and papers. (The rules described here do not apply to Advanced Clinics for students who are continuing with a clinic in which they were previously enrolled. For information about Advanced Clinics, please see the course descriptions for those courses.) Students enrolled in a clinic should expect to work at least 40 hours per week and to be available for meetings during normal business hours. Because students have no other courses (and hence no exams or papers), the clinical quarter goes from the first day of classes through the final day of the examination period.

The work during the week is divided into three components. First, the main component is the work on client matters or case work. Students are expected to devote at least 30 hours per week to the various facets of this work (this time includes meetings with instructors to discuss the work). Second, students will spend about five to seven hours per week preparing for and participating in a weekly seminar or seminars. Third, over the course of the quarter each student will spend a total of 27 hours (plus appropriate preparation time) participating in "clinical modules." These clinic-wide modules are mini-courses designed to enhance the clinical quarter by providing students with opportunities to develop their professional skills, problem-solving capacities, understanding of professional ethics, and exposure to professional values. Each module involves 4.5 hours of meeting time, and students are required to complete six modules during the course of their clinical quarter. Some modules and some clinic meetings may take place on evenings or weekends.

Students will be awarded three separate grades for their clinical quarter, each reflecting four credits. The three grades are broken into the following categories: clinical practice; clinical methods; and clinical coursework. Grading is pursuant to the H/P system.

Students may not enroll in any clinic (basic or advanced) that would result in their earning more than 24 clinical credits during their law school career.

A previous course in Evidence or (in rare cases) concurrent enrollment in a clinic evidence module is a prerequisite; Criminal Procedure (Investigation) and Trial Advocacy are strongly encouraged.

• Number of Units: 4
• Course Number: 620

Recently Taught By:

• George Fisher

All Criminal Law and Procedure courses:

• Advanced Criminal Practice
• Criminal Defense Clinic
• Criminal Procedure: Adjudication
• Criminal Procedure: Investigation
• Criminal Prosecution Clinic
• Evidence
• Externship Companion Seminar
• International Criminal Law
• Sentencing, Corrections, and Criminal Justice Policy
• Supreme Court Simulation Seminar
• White Collar Crime