This class examines what happens once the judicial system is mobilized to prosecute an individual. How effective is this system in ensuring that those presumed innocent get their day in court? What role does discretion play? What role does advocacy play? Major topics include: bail, prosecutorial charging discretion, discovery, suppression, plea bargaining, the role of the press, experts, jury selection, jury persuasion, defendant testifying, ineffective assistance of counsel, and sentencing.
This is an experiential course, with a high concentration on simulations. The course will be structured around the life of three hypothetical cases: a drug distribution conspiracy, a fraud scheme, and a robbery. In the simulation portion of the class (on Fridays), you will become prosecutors and defense lawyers, interchangeably. Some of the best lawyers in town have agreed to come to assist us to critique your performances and share their experiences. Because they are giving of their time so generously, it is especially important that you come to the classes well-prepared, and with all assignments completed.