Pretrial Practice: Criminal

3 units

Prerequisite: Criminal Law. [Note: students cannot take both 'Pretrial: Practice: Criminal' (W74-658Z) and 'Pretrial Practice and Settlement' (W74-658Y).] Course work in Criminal Procedure, Ethics, and Evidence may be helpful if taken before or simultaneously with this course but are not prerequisites. This course will focus on developing the skills necessary for effective prosecution and defense related to criminal charges before trial, from the initial victim, witness, and defendant interviews through plea bargain negotiations. In this course, students will litigate two criminal cases. Successful completion of the written and in-class exercises will require mastery of basic lawyering skills and the ability to analyze factual situations under the appropriate substantive laws. Students must complete legal research throughout the semester to learn and correctly apply governing rules and statutes. There will be weekly reading assignments and regular individual written assignments, including pleadings, discovery requests, and motions. Students will also participate in simulations of the lawyering process in class each week. Attendance and preparation are required. A STUDENT WHO MISSES MORE THAN TWO CLASSES OR WHO MISSES ANY CLASS WITHOUT FIRST INFORMING THE INSTRUCTOR IS SUBJECT TO REQUIRED WITHDRAWAL FROM THE COURSE - this includes partial absences and absences for school activities (e.g., moot court, mock trial, etc.). WITHDRAWAL POLICY: In order to try to avoid the sort of last-minute shuffling that has resulted in interested students being notified of Pretrial openings too late for them readily to change their schedules and enroll, the following policy is in effect: IF YOU ARE ENROLLED IN THIS COURSE AFTER THE DROP DEADLINE NOTED ON THE COURSE SECTION YOU WILL NOT BE PERMITTED TO DROP THE COURSE. Any student enrolled in Pretrial Practice: Criminal as of the above date will receive a grade for the course and risks receiving a failing grade. The course will be graded on a modified pass/fail basis (HP-3.9, P, LP-3.0, F-2.5). Grades will be based on performance on written assignments and simulations, as well as participation in class discussion. Because written assignments and in-class performance depend upon the particular roles assigned each student, this course will not be graded anonymously. 3 units