Criminal Prosecution Clinic: Clinical Methods

The six students enrolled in the Criminal Prosecution Clinic advocate before the San Jose Superior Court under the guidance of Santa Clara County prosecutors and Professor George Fisher. Students formulate case strategy, identify and interview witnesses, and conduct evidentiary motions, preliminary hearings, and occasional nonjury trials. Their cases concern thefts, burglaries, assaults, weapons possession, drunk driving, drug distribution, and a range of other crimes. Students offer testimony by police officers, crime victims, and other witnesses and cross-examine defense witnesses, including those defendants who take the stand. Clinic students spend at least four full days a week--Mondays, Tuesdays, Thursdays, and Fridays--at the D.A.'s office or in court. There generally will be two class sessions each week: a three- or four-hour on-campus class on Wednesday mornings and a weekly lunch seminar at the D.A.'s office. Toward the beginning of the term, classes focus on skills training, including direct and cross-examination, admission of physical evidence, making and answering objections, and argument. Toward the end of the term, our classroom focus shifts to an examination and critique of the local mechanisms of criminal justice. Topics include the impact of race and class on the quality of justice; the institutional strengths and weaknesses of the actors in the system; prison conditions and prison reform; and the ethical issues that confront prosecutors and defense lawyers. Students typically tour San Quentin State Prison, FCI-Dublin (a federal women's prison), and the Chaderjian Youth Correctional Facility in Stockton and have the option to spend an evening on a police ride-along. Students must submit regular written reflections on their experiences in and observations of the local justice system. Their assigned cases often will demand written court filings. During most weeks students will meet one-on-one with the faculty supervisor. Evidence is a prerequisite. Courses in criminal procedure (investigation) and trial advocacy are strongly encouraged. Students will be awarded three separate grades, each reflecting four credits, for clinical practice, clinical methods, and clinical coursework. Elements used in grading include class attendance and participation, writing assignments, case preparation, and courtroom presentations and advocacy. Class attendance is mandatory. Grading is on the H/P system. Special Instructions: General Structure of Clinical Courses: All of the Law School's clinical courses, other than advanced clinics, are offered fulltime for twelve credits. This format allows students to immerse themselves in the professional experience without having to balance clinical projects with other classes, exams, and papers. Students enrolled in a clinic may not enroll in any other class, seminar, directed research, or other credit-yielding activity within the Law School or University during their clinical quarter. Nor are they allowed to serve as teaching assistants expected to attend a daytime class regularly. There is a limited exception for joint-degree students who are required to take specific courses each quarter and who would be foreclosed from taking a clinic unless allowed to co-register. These exceptions are approved case by case. The clinical quarter begins on the first day of classes and runs through the final day of exam period. Students should not plan personal travel during the Monday-to-Friday workweek without permission from onsite and faculty supervisors. Students are expected to be available by email or cellphone during workday hours Monday through Friday and are expected to devote at least thirty-five hours per week to various facets of this work. In some weeks casework may demand much longer hours. Enrollment in a clinic is binding: Once a student has applied to and been selected by a clinic, the student may not drop the course except in rare cases. Requests for withdrawal are processed through the formal petition and clinical faculty review process described in the clinic policy document posted on the SLS website. Students may not enroll in any clinic (fulltime or advanced) that would result in their earning more than twenty-seven clinical credits during their law school careers. For more general information about clinic enrollment and operations, please see the clinic policy document posted on the SLS website.