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CRIMINAL DEFENSE CLINIC PT I (ADVOCACY AND LEGAL SKILLS - 8070)
4 credits
This course is limited to students who are selected after a screening and interview process. Selected students must commit to the course for the full academic year. Students will be placed at an indigent defense organization where they will represent clients in misdemeanor and violation cases under the supervision of an experienced attorney. Students will practice pursuant to an approved student practice order which permits students to arraign cases, interview clients, write, file and argue motions, conduct case investigations and represent clients in all court appearances. Students will also participate in a weekly two-hour seminar. Topics will include relevant skills training, theory and practice as well as New York substantive and procedural criminal law. It is strongly suggested that students wishing to be considered for the Criminal Defense Clinic Part I have already taken Evidence and Trial Advocacy. However, students who agree to enroll in Evidence and Trial Advocacy (civil or criminal) at the same time they are taking the Criminal Defense Clinic will also be considered. Grades will be based on student performance at the placement site and in the clinic seminar.
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CRIMINAL DEFENSE CLINIC PT II (ADVOCACY AND LEGAL SKILLS - 8080)
4 credits
This course is limited to students who have completed Criminal Defense Clinic Part I. Students will be placed at an indigent defense organization where they will represent clients in misdemeanor and violation cases under the supervision of an experienced attorney. Students will practice pursuant to an approved student practice order which permits students to arraign cases, interview clients, write, file and argue motions, conduct case investigations and represent clients in all court appearances. Students will also participate in a two-hour seminar. Topics will include relevant skills training, theory and practice as well as New York substantive and procedural criminal law. Grades will be based on student performance at the placement site and in the clinic seminar.
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CRIMINAL LAW (CRIMINAL LAW - 1010)
3 credits
An introductory study of the law of crimes and the administration of criminal justice, including general principles of criminal liability and defenses. Topics considered include the criminal act and mental elements in crime, causation, mistake, excuse and justification defenses, the law of homicide and the inchoate offenses such as attempt and solicitation. These topics are examined under the common-law, the Model Penal Code and the New York Penal Law to give the student a historical as well as modern perspective on the criminal law and its objectives. Grades are based upon a final examination.
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CRIMINAL PROCEDURE I (CRIMINAL LAW - 1050)
3 credits
This course studies federal constitutional and state law restrictions on police investigative practices. Specific topics include stops, arrests and other seizures; frisks and other searches; interrogations and confessions; and the operation of exclusionary rules. Grades are based upon a final examination.
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CRIMINAL PROCEDURE II (CRIMINAL LAW - 1060)
2 credits
This course covers procedure from arraignment to trial, including bail, preliminary examination, grand jury procedure, immunity, discovery, motions to dismiss, double jeopardy, the right to confront witnesses, and guilty pleas. Cases are discussed under the New York Criminal Procedure Law and the Federal Rules of Criminal Procedure. Grades are based upon a final examination.
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INTERNATIONAL CRIMINAL LAW (INTERNAT'L AND COMPARATIVE LAW - 2030)
2 credits
This course covers jurisdiction in international law, extradition and its legal and constitutional bases, the nature of international crimes in customary international law, including genocide, war crimes, crimes against humanity and torture. This course will also consider the proposed international Criminal Court and the Rome Statute of 1998. Grades are based upon a research paper.
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PROSECUTION CLINIC - PART I (ADVOCACY AND LEGAL SKILLS - 2070)
4 credits
The course is limited to seniors who are selected after a screening and interview process by the professors conducting the course. Selected students must commit to the course for the full academic year. Students will spend between 12 and 15 hours per week at a District Attorney's Office. Most students will be assigned to a part in a local criminal court that has jurisdiction over misdemeanor cases. The assigned students will personally and directly handle every aspect of a misdemeanor case including witness interviews, arraignments, discovery motions, pre-trial hearings, and plea bargaining on trial and sentencing. Some students will be assigned to an Appeals Bureau and handle appeals to the Court of Appeals, Appellate Division or Appellate Term in a wide variety of felony and misdemeanor cases. The students will, where appropriate, assemble or supplement the record on appeal. They will read and analyze the record on appeal and the defendant's brief. The students will crystallize the issues and the legal approach to the issues, research the law and write the brief. The students' names will appear on the briefs. The students will also assist in the preparation of the oral argument and will be present during oral argument. Students will also be required to attend classroom sessions at the law school. Subjects covered in the classes will include suppression motions and hearings, discovery, examination of expert and police witnesses and other subjects.
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PROSECUTION CLINIC - PART II (ADVOCACY AND LEGAL SKILLS - 2080)
4 credits
The course is limited to seniors who are selected after a screening and interview process by the professors conducting the course. Selected students must commit to the course for the full academic year. Students will spend between 12 and 15 hours per week at a District Attorney's Office. Most students will be assigned to a part in a local criminal court that has jurisdiction over misdemeanor cases. The assigned students will personally and directly handle every aspect of a misdemeanor case including witness interviews, arraignments, discovery motions, pre-trial hearings, and plea bargaining on trial and sentencing. Some students will be assigned to an Appeals Bureau and handle appeals to the Court of Appeals, Appellate Division or Appellate Term in a wide variety of felony and misdemeanor cases. The students will, where appropriate, assemble or supplement the record on appeal. They will read and analyze the record on appeal and the defendant's brief. The students will crystallize the issues and the legal approach to the issues, research the law and write the brief. The students' names will appear on the briefs. The students will also assist in the preparation of the oral argument and will be present during oral argument. Students will also be required to attend classroom sessions at the law school. Subjects covered in the classes will include suppression motions and hearings, discovery, examination of expert and police witnesses and other subjects. Students will receive four (4) credits per semester, 2 pass-fail credits for the clinic component and 2 letter-graded credits for the seminar component.