*†Prosecution Externship and Instruction (30193). 2 or 3 units, credit/fail. Students in this clinical externship will assist state or federal prosecutors with their responsibilities, before, during, and after trial. Federal placements are available in the United States Attorney’s Office in New Haven or in Bridgeport. The federal caseload is varied, from drug trafficking to securities fraud to civil rights to appellate work. The State’s Attorney’s Office in New Haven, which also has a varied but faster-paced docket, generally can take one or two student placements. Federal placement requires 168 hours for three credits and state placement requires 112 hours for two credits.
All students are required to attend weekly class sessions. These sessions are intended to cover the life of a criminal case, including the stages of investigation, charging, plea negotiation, trial, sentencing, appeal, and collateral attack. The class sessions will focus in-depth on a handful of prosecutions as examples of the foregoing stages of a criminal case. The class sessions also aim to incorporate the perspectives of different players in the criminal justice system, including the U.S. Attorney, agents, public defenders, probation officers, and judges. Woven throughout these class sessions are discussions of ethics and professional responsibility. The course covers a prosecutor’s discovery obligations under Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972); and Jencks v. United States, 353 U.S. 657 (1957) (as codified at 18 U.S.C. § 3500). It also covers pertinent Model Rules of Professional Responsibility, including but not limited to Rules 3.3 (candor toward the tribunal), 3.4 (fairness to opposing party and counsel), 3.5 (impartiality and decorum of the tribunal), 3.6 (trial publicity), 3.7 (lawyer as witness), 3.8 (special responsibilities of a prosecutor), 4.1 (truthfulness in statements to others), 4.2 (communication with person represented by counsel), and 4.3 (dealing with unrepresented person).
Students will be required to keep track of the hours they have worked. Placement at the U.S. Attorney’s Office must be arranged at least four months in advance, to allow time for security clearance procedures. Student participation in the federal program is subject to successful clearance through a federal background check. Students also apply for placement at the State’s Attorney’s Office during the previous term. Although enrollment is limited and permission of the instructors is required, timing and the involvement of outside agencies remove this clinic from the usual sign-up process for limited enrollment courses. Selection for this course takes place before limited-enrollment course bidding. Conflict check with LSO also is required. J. Rubenfeld, L. Brennan, and M. Silverman.
Course Bidding Information: Select this course as your lowest weight among experiential course selections. Open only to students who have been pre-selected to participate. Do not select this course during pre-registration if you are not one of those students.
Note: Students may not be enrolled in an LSO clinic and any of the following non-LSO clinics in the same semester, whether as a student director, fieldwork only returning student, continuing student, or otherwise: Education Adequacy Project; Legal Assistance; Prosecution Externship.
Note: The first class meeting will be at the Law School. Thereafter, the class will meet at the U.S. Attorney's Office.