course syllabus prosecution clinic: spring 2016 instructor ... prosecution... · prosecution...

COURSE SYLLABUS PROSECUTION CLINIC: SPRING 2016

INSTRUCTOR’S CONTACT INFORMATION:

George R. Dekle, Sr., Legal Skills Professor Office Location: 100-B, Bruton-Geer Hall Office telephone: (352)273-0815 Cellphone: (386)365-4611 Home telephone: (386)752-2897 Office Email: [email protected] Personal email: [email protected] Office Hours: Tuesday, 10:15am-12:00 noon; 2:00pm-3:00pm. At other times by appointment.

REQUIRED TEXTBOOK:

Dekle, Prosecution Principles: a Clinical Handbook. The professor receives royalties on the above textbook. Used copies are available for as low as half the cover price from www.amazon.com and www.bn.com (Search used and out of print books), or at www.bookfinder4u.com; ABA Standards for Criminal Justice: Prosecution & Defense Functions (on TWEN); NDAA National Prosecution Standards

OTHER RECOMMENDED TEXTS:

ABA Standards for Criminal Justice: Prosecution & Defense Functions (on TWEN). NDAA National Prosecution Standards, 3rd Ed. (on TWEN). ABA Model Rules of Professional Conduct (on TWEN) Florida Rules of Professional Conduct (on TWEN) Florida Rules of Criminal Procedure (on TWEN)

COMMUNICATION WITH PROFESSOR:

Students should feel free to communicate with the professor at any time to discuss any problems confronted or issues requiring guidance. You have my cellphone number. You are encouraged to use it. To insure contact, you may send emails to both my home and office email addresses. The subject line should begin with the notation, in all capitals: “FALL PROSECUTION CLINIC.”

COURSE OBJECTIVES AND GOALS:

To familiarize students with all aspects of the art and craft of prosecution. To instill in students an understanding of the ethical requirements of prosecution. To equip students with the skills necessary for rendering satisfactory performance as entry level prosecutors.

Prosecution Clinic Spring 2016

Dekle

mailto:[email protected]

mailto:[email protected]

http://www.bookfinder4u.com/

1/4/16 COURSE SYLLABUS

PROSECUTION CLINIC: SPRING 2016

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CLASSROOM AND CLASS TIME

Room 355-D; 4:00pm – 5:50 PM

Pre-Semester Orientation: Online

PERFORMANCE EXPECTATIONS:

CLASSROOM COMPONENT:

(1) A portion of the classroom component will consist of practical exercises, each of which will have a written component. These exercises will be critiqued by the professor, and the students will be graded upon their preparation for and performance of those exercises. (2) As a portion of the Classroom Component, students will be required to submit a Final Project consisting of a full and complete trial brief of the hypothetical case State –vs- Red Brown [On Case Problem page of the TWEN site & attached to this syllabus]. The trial brief shall include at least the following:

(a) An order of proof [Form 8-3 on the Case Preparation Worksheet page of the course TWEN site].

(b) Direct Examination Worksheets [Form 8-4] for Hugh and Daisy Glass.

(c) A complete opening statement organized in the format:

(i) Attention Step;

(ii) Fact Narration;

(iii) Exit Line.

You may build on your work from the Practical Exercises

(d) (i) A Cross-Examination Worksheet [Form 8-5] and at least four Approach Point Pages [Form 8-6] for Red Brown.

(ii) A Cross-Examination Worksheet [Form 8-5] and at least two Approach Point Pages [Form 8-6] for Cora Brown.

Your pages may be proactive or reactive. You may build on your work from the Practical Exercises.

(e) A complete final argument organized in the format:

(i) Introduction,[may be combined with the Statement of Facts]


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PERFORMANCE EXPECTATIONS:

(ii) Statement of Facts,

(iii) Division,

(iv) Confirmation,

(v) Refutation, and

(vi) Conclusion.

You may build on your work from the Practical Exercises.

Do not collaborate with other students on this or any other written assignment.

CLINICAL COMPONENT: (3) Performance of not less than 25 hours per week satisfactory work as a CLI in the assigned State Attorney’s Office (SAO). While working at the assigned SAO, the CLI will

[a] Conform to all canons of ethics and disciplinary rules of the Florida Bar,

[b] Adhere to all performance requirements set by the assigned SAO,

[c] Perform to the satisfaction of the assigned SAO per evaluation of SAO supervisor.

(4) In addition to the work done in the assigned State Attorney’s Office, the students will [a] Submit periodic journals describing the student’s activities as an intern for the unreported time period prior to the journal’s due date. (See Course Materials page for example journals). Journals should be subdivided into daily entries, whose length should be no more than 250 words per day of work in the SAO. For each school day a journal or other written assignment is late, 15 points will be deducted. Up to 20 additional points may be deducted for insufficient discussion. See sample journals posted in the Course Materials section of the TWEN site. [b] Meet in conference with the professor twice during the semester, according to the schedule set forth below. These meetings will be 25 minutes in duration and will count toward the completion of classroom hours. Out-of-circuit students may fulfill this meeting requirement by teleconference. There will be a signup sheet on the TWEN site for each meeting date.

(5) The final Classroom Component grade will be an average of scores on all written assignments and practical exercises. Journals will constitute 20% of the grade. The


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PERFORMANCE EXPECTATIONS: practical exercises will constitute 20% of the grade. The class project will constitute 60% of the grade. Further information relating to grading policy can be found at http://www.registrar.ufl.edu/catalog/policies/regulationgrades.html.

CLASS ATTENDANCE POLICY:

Students may miss one two hour block of class without the necessity of making up the class. Additional missed classes which are not made up will result in a 5 point reduction of your final grade on the 100 point scale for each class missed. It is the student’s responsibility to arrange for makeup assignments. Missed classes may be made up by attendance at designated criminal law related functions during the semester or by arrangement with the professor. No more than two absences may be made up.

PRE-SEMESTER ORIENTATION

(These classes may be accessed and audited online by following the hyperlink on the

TWEN site)

CLASS DESCRIPTION & READING ASSIGNMENT

CLASS 1 Criminal Procedure, Part 1 – Outline of Florida Rules of Criminal Procedure on TWEN


CLASS 3 Role of the Prosecutor – Chapter 1, pp. 1-12

CLASS 4 The Charging Decision – Chapter 4, pp. 37-55

CLASS 5 Case Theory – Chapter 7, pp. 98-113; Opening Statement – Chapter 15, pp. 309-332

CLASS 6 Final Argument – Chapter 15, pp. 332-355


CLASS 8 Direct Examination, Part 1 – Chapter 11, pp. 184-220

CLASS 9 Direct Examination, Part 2 – Chapter 11, pp. 184-220

CLASS 10 Cross Examination – Chapter 12

CLASS 11 The Trial Brief – Chapter 8, pp. 126-140


Dekle

http://www.registrar.ufl.edu/catalog/policies/regulationgrades.html



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PRACTICAL EXERCISES

EXERCISE DATE DUE

CASE THEORY/OPENING STATEMENT: Devise a case theory for the

Red Brown case. Reduce that theory to writing in a declarative sentence of

no more than 40 words. Write an attention step in active voice consisting of

no more than 150 words. Avoid the use of adjectives and adverbs. Eschew

polysyllabic diction. Identify the attention step’s type, and describe how it

advances your case theory. Be prepared to deliver this portion of the

opening statement in class.

1/22/16

11:55 PM

FINAL ARGUMENT: For the Red Brown case, write the Statement of

Facts and the Division of your final argument. Be prepared to deliver these

portions of the final argument in class.

2/26/16

11:55 PM

CROSS-EXAMINATION: Prepare two approach point pages (Form 8-6)

seeking to support a specific favorable argument on Cross-Examination of

Red Brown. Do not seek to impeach Red Brown on these approach point

pages. Be prepared in class to conduct the portion of the Cross-

Examination of Red Brown directed at supporting those arguments. Do not

prepare a complete cross-examination.

4/1/16

11:55 PM

SCHEDULE OF CLASSES AND ASSIGNMENTS DATE TIME – DESCRIPTION – READING ASSIGNMENT

1/5 4:00-4:50 PM – Case Theory – Reading: Chapter 7, pp. 98-113

5:00-5:50 PM – Guest Speaker: John Jewett, Director, Law Enforcement Training Program, Florida Gateway College, Lake City, FL – Prosecutor/Police Relations

1/12 4:00-4:50 PM – Opening Statement – Reading: Chapter 15 pp. 309-322

5:00-5:50 PM – Guest Speaker: Hon. Blair Payne, Public Defender, Third Circuit, Lake City, FL – Prosecutor/Public Defender Relations

1/19 4:00-4:50 PM – Case Management – Reading: Chapter 6, pp. 82-96

5:00-5:50 PM – Case Analysis – Reading: TBA

1/22 11:55 PM – Case Theory/Opening Statement Exercise written component due


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1/26 4:00-4:50 – Case Theory/Opening Statement Exercise

5:00-5:50 PM – Guest Speaker: Dave Phelps, Chief Assistant State Attorney, Third Circuit, retired, Perry, FL – Stand your Ground

1/29 11:55 PM – Journal # 1 due

2/2 4:00-4:50 PM – Final Argument – Reading: Chapter 16

5:00-5:50 PM – Guest Speaker – Hon. Tom Coleman, County Court Judge, Lake City, FL – Search Warrants

2/4 TBA – Conference with Instructor

2/9 4:00-4:50 PM – Guest Speaker: Heather Jones, Assistant State Attorney, Eighth Circuit, Gainesville, FL – Domestic Violence Prosecutions

5:00-5:50 PM – Reactive Cross Examination – Reading: Chapter 13

2/16 4:00-4:50 PM – Proactive Cross Examination, Part 1 – Reading: Chapter 12

5:00-5:50 PM – Guest Speaker: Dana Brady-Giddens, Chief Assistant State Attorney, Third Judicial Circuit, Live Oak, FL – Relations with Supervisors, and Co-workers in the State Attorney’s Office

2/23 4:00-4:50 PM – Proactive Cross Examination, Part 2 – Reading: Chapter 12

5:00-5:50 PM – Guest Speaker: Hon. Bill Cervone, State Attorney, Eighth Judicial Circuit, Gainesville, Fl – The Grand Jury

2/26 11:55 PM – Final Argument Exercise written component due

3/8 4:00-4:50 PM – Final Argument Exercise

5:00-5:50 PM – Guest Speaker: Gregory McMahon, Assistant United States Attorney, Northern District of Florida – State versus Federal Prosecution

3/11 11:55 PM – Journal # 2 due

3/15 4:00-4:50 PM – Cross-Examination – The Approach Point/Topical Page

5:00-5:50 PM – Guest Speaker: Guest Speaker: Hon. Paul S. Bryan, Circuit Judge, Lake City, FL – The View from the Bench


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3/17 TBA – Conference with Instructor

3/22 4:00-4:50 PM – The Trial Brief – Reading: Roger Harris Trial Brief on Course Materials Page

5:00-5:50 PM – Guest Speaker: Lisa Long, Chief Investigator, Third Circuit SAO, Live Oak, FL – The Polygraph as an Investigative Tool

3/29 4:00-4:50 PM – Marshalling the Evidence – Reading: “Marshalling Evidence for Adversary Litigation” on Course Materials Page

5:00-5:50 PM – Hon. Jeff Seigmeister, State Attorney, Third Judicial Circuit, Live Oak, FL – The Special Prosecution Unit

4/1 11:55 PM – Cross-Examination Exercise written component due

4/5 4:00-4:50 PM – Cross Examination Exercise

5:00-5:50 PM – Cross Examination Exercise

4/12 4:00-4:50 PM – Prosecuting the Complex Homicide Case

5:00-5:50 PM – Course Summary

4/19 11:55 PM – Journal # 3 due

5/5 11:55 PM – Class Project Due

POLICY RELATED TO MAKE-UP EXAMS OR OTHER WORK:

The law school policy on delay in taking exams can be found at: http://www.law.ufl.edu/students/policies.shtml#12.

STATEMENT RELATED TO ACCOMMODATIONS FOR STUDENTS WITH DISABILITIES:

Students requesting classroom accommodation must first register with the Office of Disability Resources. The UF Office of Disability Resources will provide documentation to the student who must then provide this documentation to the Law School Office of Student Affairs when requesting accommodation.


Dekle

http://www.law.ufl.edu/students/policies.shtml#12



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INFORMATION ON UF GRADING POLICIES:

The law school grading policy is available at:



Dekle


course syllabus prosecution clinic: spring 2016 instructor ... prosecution... · prosecution...

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