University of Utah
S.J. Quinney College of Law
The Criminal Clinic is designed to give third-year law students exposure to the criminal justice system, basic competence as criminal law practitioners and an opportunity to reflect on ways of improving the criminal process. The purpose of this overview is to explain the requirements for the clinical placements and the accompanying course, Criminal Process.
All students in the Criminal Clinic are required to complete Evidence and Trial Advocacy during their second year. Space permitting, the professor may make exceptions for students who have completed Evidence and intend to complete Trial Advocacy during their third year. In addition, although not required, many students have found Criminal Procedure highly useful. All students should have completed or promptly complete Legal Profession.
Students who successfully complete the placement and the course will receive eight hours of credit. Both the placement work and the classroom work should be fairly evenly distributed throughout the year. However, the credits (for enrollment purposes) are distributed as follows:
Fall Semester
Prosecutor/Defender Placement 2 cr. P/F
Criminal Process Course 2 cr. Graded
Spring Semester
Prosecutor/Defender Placement 3 cr. P/F
Criminal Process Course 1 cr. Graded
TOTALS 5 clinical P/F + 3 course graded = 8 credits
The five hours of credit for the clinical placement are pass/fail. However, no credit will be given if the student simply goes through the motions and fills out the forms. All clinical work must be completed in a fully competent, credible and professional manner for the student to pass.
The three hours of credit for Criminal Process are graded. The grade will be based on class attendance, class assignments, class participation, and an overall evaluation of performance in the clinical placement. The evaluation will be based on discussions with attorneys and supervisors at the placement offices and a review of documents the student submits. As should be evident, Criminal Process and the Criminal Clinic are inextricably intertwined. Students are not allowed to take only Criminal Process unless special circumstances justify an exception.
All credit and grades are awarded at the end of spring semester. In order to receive credit, all of the requirements for the clinic and the course must be completed successfully. The requirements are fully explained below.
The educational goals of this program are:
To achieve the above goals and receive credit, the following requirements must be met:
(i) a Case Worksheet on each new case at the end of each month,(ii) a Case Worksheet Analysis for each case when it is settled/pled, or(iii) a Trial Brief for each case when it goes to trial. Prosecutors:
District Attorney's Office
Students must attend orientation sessions as scheduled. The downtown office is located at 111 E. Broadway, Suite 400. There is also an office in the West Jordan Courthouse, 8080 S. Redwood Road, Suite 1100. The District Attorney's Offices handles the prosecution of both felony and misdemeanor cases. Students will attend an orientation at the downtown office but may be required to participate in cases at both of the offices.
U.S. Attorney's Office
Students must attend orientation sessions as scheduled. The office is located at 185 S. State Street, Suite 400. This office handles both felony and misdemeanor prosecutions.
Salt Lake City Attorney's Office
Students must attend orientation sessions as scheduled. The office is located at 349 S. 200 East, Suite 500. This office handles only misdemeanor prosecutions.
Defenders:
Salt Lake Legal Defender Association
Students must attend orientation sessions as scheduled. SLLDA is located at 424 E. 500 South, Suite 300. This office handles the defense of both felony and misdemeanor prosecutions.
Federal Public Defender's Office
Students must attend orientation session(s) as scheduled. The office is located at 46 W. Broadway, Suite 110. This office and handles the defense of both felony and misdemeanor prosecutions.
Each student will be assigned responsibility for prosecuting cases within the confines of the Third Year Practice Rule (see Week One readings). Students are expected to handle a minimum of 12 cases during the school year. The recommended schedule for handling these cases is as follows:September Complete Required Observations
October -- 1 case
November -- 2 cases
December -- 2 cases
January -- 2 cases
February -- 2 cases
March -- 2 cases
April -- 1 case
May -- Finish existing cases
TOTAL -- 12 cases minimumYou do not have to follow this schedule rigidly, but it is strongly recommended. All students should have started a minimum of four cases by the end of the first semester. Plan on using the month of May to complete existing cases.
The case load can be varied according to individual student's schedules so long as every effort is made to handle twelve cases by the end of the year. It is unwise to plan on handling all of your cases in the last two months of the clinic.
As part of the 12-case requirement, each student should attempt (if possible) to participate in at least two felony cases set for trial in District Court. Students may not try these cases because of limitations in the Third Year Practice Rule, but will sit second chair in one of them if it goes to trial. Because these cases generally take longer to develop, you might consider taking your felony cases first (or at least relatively early in the course) and then moving on to the other cases. The remaining 10 may consist of any combination of felonies, misdemeanors or infractions. As part of the 12 cases, students should try to take a wide range of cases. Students should also make sure that a majority of their cases are not just traffic infractions but include a good sampling of other offenses such as drugs, thefts, assaults, and DUI's.
Students will receive case assignments as explained during the orientation sessions. So that you have easy access to the material, each case file should be immediately duplicated on copying machines available at the offices. Files must be copied, but not removed from the office (on penalty of death). Please do not ask the secretaries to copy files for you.
Students should then begin working on a case under the direction and supervision of the attorney responsible for the case. Usually this will involve discussion with the attorney to ascertain the student's scope of responsibility and authority; contacting and interviewing witnesses; preparing direct examination and cross-examination questions; collecting or preparing exhibits; researching any legal issues; discussing the case with the attorney at least two days before trial to review proposed approach to the trial; contacting the counsel to see if trial will go, if he/she will consent to the intern trying the case, or if there are other problems needing discussion; and contacting court personnel to see if the trial will go.
Special note for prosecutor interns. Interns Have No Authority To Approve Plea Bargains. In addition, you may not even engage in settlement negotiations with defense attorneys unless specifically authorized to do so by your supervising attorney. If you are so authorized, you must still remember to inform defense counsel that you have no authority to make or approve any plea bargaining agreements.
If the case goes to trial, students will try the misdemeanors in compliance with the Third Year Practice Rule. A consent form (included in the Clinic materials) must be filled out and signed by the defendant and all counsel and accepted by the court before the student can handle a case.
Defenders
In order to gain the maximum educational benefit from this program, it is recommended that you proceed as follows:
During Fall Semester class readings, lectures and discussion focus on the law and procedures that govern the practice of criminal law in this jurisdiction, and upon attorneys' roles in the criminal justice system. During the first month of Fall Semester, students should observe a wide variety of lawyering activities (see Observation List) performed by different attorneys and judges. Whenever possible, interns should accompany a legal defender and ask about the activities observed.
During Fall Semester, the student should begin work on one or two major felony cases that appear likely to be taken to trial. These cases absorb a great deal of the most experienced attorneys' time and energy, and provide ideal opportunities to learn about case strategy. Students' abilities to perform research, draft memoranda and assist in trial preparation can be of vital importance to the office. Students should handle at least two felonies or work 60 hours on felony cases. Students should help prepare for trial (including outlining witness examinations, preparing final motions for trial, etc.) and student should attend and assist in at least one felony trial. This may mean requesting excused absence from other classes. Hence students in this clinic should avoid being absent from classes for any other reason so that a few clinic-related absences will not cause problems.
No later than October 1, students should seek misdemeanor assignments and should accept approximately two new misdemeanors (or infractions) each month thereafter. (Students should complete 10 misdemeanors/infractions or 200 hours on misdemeanor cases.)
Students should seek out misdemeanor assignments, and should begin work in a misdemeanor case as soon as possible after Legal Defenders has been appointed to represent the defendant. Thereafter, the supervising attorney will determine the level of the student's responsibility based upon the student's preparedness to assume responsibility, with the student's responsibility gradually increasing over the year.
Whenever the student will appear on behalf of a client, and whenever possible in all other misdemeanors, the student should meet the client and obtain the client's written consent to student representation. Prior to appearing in court, the student must obtain the written consent of opposing counsel, supervisor and judge, and file a written Consent form with the court. Whenever possible, the student should also obtain a Release of Information to the College of Law from the client. (All forms are available in the criminal clinic materials.)
Students should become as involved in a misdemeanor and as responsible for the case as possible, all subject to the supervisor's direction and ultimate approval. The student's involvement should include primary responsibility for direct client contact (interviewing and counseling), investigation, research and drafting pleadings, and court appearances. However, supervisors may have students begin by "second-chairing" a case. Initially, students may appear for guilty pleas, sentencings, bail hearings, motions and orders to show cause. This will allow the student to become comfortable appearing and speaking in court before the student participates in the first contested trial. Similarly, the student's first trial may be co-counseled, with the student examining certain witnesses and the supervising attorney examining others.
In the Misdemeanor area, you will ultimately be able to assume a greater degree of responsibility if you seek out misdemeanors to handle, if you take initiative in analyzing the case (e.g. preparing yourself on the law) and if you prepare for court thoroughly (e.g. providing written notes of witness exams for your supervisor to review). Your clients are constitutionally entitled to effective assistance of counsel and your supervisor is responsible for assuring this is what they receive. You will gain the best experience by convincing your supervisor through your diligent and thoughtful work that you are prepared to give your client that fully competent representation.
Work 250 Hours
Students are required to spend 250 hours in the Criminal Clinic to receive credit for the course. This requirement ensures that the credits obtained in the Criminal Clinic are of comparable difficulty with other clinical and conventional law school courses. The individual calendar contains a place for reporting and totaling your hours in the course. Your Monthly Status Reports will also report your monthly hours.
You should report all hours that you spend working in the Criminal Clinic excluding time spent in the Criminal Process class and time spent preparing your course assignments. In addition to time spent working on a case, you may also appropriately include: travel time from the prosecutor's and defender's offices to courthouses (and vice versa), time spent observing, research time, time spent preparing trial briefs and any other time directly connected with completing the requirements of the clinical program. Time driving from home or school to the clinic offices should not be included.
If you have completed all of the course requirements and have not reached the required 250 hours, you are expected to pick up additional cases or ask the program supervisors for additional work.
Record Keeping
Monthly Status Reports (Prosecutors and Defenders)
Each student must submit a Monthly Status Report at the end of each month beginning in September and continuing through May. This report should contain information showing the current status of all cases assigned to each student. Case dispositions (conviction, dismissal, plea bargain, etc.) should also be reported on the monthly status report. Events observed should also be included on the form. Finally, the hours worked during the month should be reported on the Monthly Status Report. Timely completion of the form allows the supervising professor to generally monitor the work of students in the course.
Forms are available in the criminal clinic materials, online and from the clinic coordinator and completed reports should be given either to the supervising professor or to the clinic coordinator. The clinic coordinator will maintain a file on the work done by each student in the course.
Trial Briefs (Prosecutors)
In addition to monthly status reports, while working on each case students should be preparing a trial brief. The trial brief has been designed by students participating in the Clinic in previous years so that it forces you to think about issues that inevitably will arise while you handle the case. For that reason, start on the trial brief as soon as you are assigned the case.
When you finish handling a case, the completed trial brief should be turned into the supervising professor or the clinical program assistant. Trial brief forms are also available in the criminal clinic materials, online and from the clinic coordinator. Each student should submit at least 12 trial briefs.
Case Worksheets, Cases Worksheet Analysis, Trial Briefs (Defenders)
In addition to monthly status reports, Defenders must submit the following: (1) a Case Worksheet on each new case; (2) a Case Worksheet Analysis for each case when it is settled/plead; or (3) a Trial Brief for each case when it goes to trial.
As soon as a student is assigned a new misdemeanor case, the student should promptly prepare the Case Worksheet. Students should also prepare a Case Worksheet Analysis before recommending a guilty plea and a Trial Brief prior to trial. Students should provide the supervising attorney with the Analysis and Trial Brief to use in supervision and case planning. Written preparation (including these documents, legal memoranda, witness outlines etc.) will facilitate supervision, demonstrate familiarity with the law and procedures, and ultimately allow the supervisor to give the student greater responsibility. All documents should be turned into the supervising professor or the clinical program assistant on a monthly basis. Forms are available in the criminal clinic materials, online and from the clinic coordinator.
The Criminal Process course will meet each week during both fall and spring semesters at times announced in the class schedule. Topics for discussion are outlined and readings to prepare for the class are in the Criminal Process Materials, available for purchase in the Copy Center.
During fall semester, the class should serve to prepare students for clinic work. It will focus upon the law, procedures, rules and skills needed to represent the state or a client in a criminal case. As the year progresses, the class will serve as a forum for you to reflect on what you observe. During spring semester, the focus will shift to consider the criminal justice system from various perspectives, including social science contexts within which the criminal justice system operates.
COURSE OBJECTIVES
This is a two-semester course designed primarily to:
FALL SEMESTER: During the fall semester, we will focus on the way a criminal case proceeds through the courts and the steps the prosecutor or defender must take to competently handle the case at each stage. You will be introduced to all aspects of the criminal process, including investigation and charging; defense interview, case assessment and release; arraignment and preliminary hearing; pretrial motions; discovery and investigation; negotiation planning, dynamics and ethics; plea bargaining and sentencing; trial preparation; jury selection; trial practice; and sentencing, post-trial motions and appellate considerations.
Readings: Each week you will be assigned readings from both this material and outside sources, including relevant portions of the Utah Criminal Code. For example, you may be required to do a limited amount of independent statutory research on the specific crimes relevant to individual problems. These readings will form the basis of guest presentations and class discussion. In addition, these readings will serve as background materials for the problems you will be required to prepare prior to some of the weekly guest presentations.
Assignments: Prior to some of the weekly guest presentations, you will be assigned problems from one of several mock criminal cases. During the course of the semester, you will be given factual information and/or procedural developments in the mock cases and asked to determine what steps you would take. In order to prepare for class, you will need to consult the relevant criminal code sections and prepare written materials, as assigned. During class, guest lecturers will assist in exploring case analysis and strategic possibilities based on the assigned problems. All assignments should be turned into your faculty supervisor at the beginning of class.
SPRING SEMESTER: During the spring semester, you will examine the criminal justice system in a broader context, including social science theories about the causes of crime, the effects of crime, law enforcement options, offender treatment, juvenile violence, domestic violence, mental health issues, the actual innocence movement and drug-related crimes. You will be assigned readings related to each weekly topic. During class, guest lecturers will assist in exploring the social science aspects of the criminal justice system. You will also be required to write several short reflection papers and a final research paper.
GRADING AND ATTENDANCE POLICIES
Criminal Process is a fully graded, three-credit course over two semesters. Please note that to receive credit and a grade for the course, you must satisfactorily complete every graded and non-graded assignment, exercise, and paper during BOTH semesters. Further, you will not receive your final grade for the course until you have completed all of your criminal clinic hours and assignments.
Final grades in the Criminal Process course are based on the following factors in order of impact on your grade:
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