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For more information about this clinic, please visit the Clinic Website, Clinic Q&A, and CJI website. 

Open to 3Ls only

Required Clinic Component:Criminal Justice Institute: Criminal Defense Clinic, either fall-winter (4 fall clinical credits + 1 winter clinical credit) or winter-spring (1 winter clinical credit + 5 spring clinical credits).

Additional Co-/Pre-Requisites: Trial Advocacy Workshop (TAW) and Evidence. Students must enroll in both classes separately from the clinic enrollment. Failure to meet the pre- and co-requisites by the clinic’s add/drop deadline will result in the student being dropped from this clinic and the class.

By Permission: No.

LLM Students: Due to Massachusetts Court Practice rules, LLM students are not eligible to enroll.

Multi-Semester: This is a fall-winter course (3 fall classroom credits + 1 winter classroom credit)

Placement Site: HLS

Add/Drop Deadline: August 21, 2026.

Mandatory Meetings: All students enrolled in the clinic (fall-winter and winter-spring) must attend the mandatory orientation week, which runs from Monday, September 21, to Friday, September 25.

Students will examine the nature, functions, dynamics, and ethics of tasks such as interviewing, investigating, examining, and cross-examining witnesses; argumentation; and other aspects of criminal defense advocacy, both in and out of the courtroom. They will also examine the theory and practice of defense advocacy for minors accused of delinquency, with a focus on the constitutional framework of the juvenile justice system. Students will study the Massachusetts juvenile courts, examining the history and philosophy of a separate juvenile system, juvenile court jurisdiction, and the impact of various state agencies on the administration of justice in juvenile court. The class component will develop a variety of operational and ethical frameworks for students to understand and evaluate their practice experience.

Students can expect to represent clients on criminal and juvenile delinquency cases in the local courts. In the course of representing clients, students may be required to visit correctional institutions, which necessitate a background check. They may also represent minors in school disciplinary hearings or adult clients in appellate or other post-conviction legal proceedings. Students will be responsible for providing complete legal representation to their clients throughout the term and are expected to work a minimum of twenty hours per week at the Criminal Justice Institute under the supervision of a clinical instructor. Students will receive one-to-one supervision, individual critique of their courtroom work, and participate in regular group sessions with their supervisor. Classroom reading and discussion will draw upon and complement the students’ experiences as defense counsel.

The teaching method will include exercises and discussions on the Code of Professional Responsibility and the Model Rules of Professional Responsibility. Students will become familiar with the Fourth, Fifth, Sixth, and Fourteenth Amendment rights of both adults and juveniles accused of delinquency, as well as the law of evidence and sentencing. There will be a review of essential lawyering skills in criminal practice.

The clinic and class will start the week after Fall TAW, September 21 – September 25, 2026. During this first week of CJI, all students must attend the following mandatory orientation sessions. On Monday (September 21), students will conduct court observations as assigned between 9:00 am and 2:00 pm. Tuesday (September 22) 11:00 am-3:00 pm, Wednesday (Sept.23) 12:00 pm-3:00 pm, Thursday (Sep.24) 2:00 pm–5:00 pm, and Friday (September 25) 9:00 am–12:30 pm. Starting this first week and throughout the Fall, class will meet on Tuesdays and Wednesdays from 3:45 pm – 5:45 pm. During the winter, class will meet on Wednesdays and Thursdays from 1:45 pm – 3:45 pm. There will be a mandatory mini-orientation session on Wednesday, January 6, 2026, for students enrolled in the winter-spring clinic; winter-spring clinic students are required to attend all orientation sessions scheduled in September and January.

Arraignments: For those enrolled in the fall-winter clinic, arraignments will be held in October. Those enrolled in the winter-spring clinic will attend arraignments in January. During arraignments, all students must have at least one morning available for court, Monday through Thursday. Juvenile cases are heard only on Tuesdays and Wednesdays. After arraignments, students should have ample availability for court appearances (e.g., trials, motions, pre-trial hearings, and other dispositions).

Students enrolled in the fall-winter clinic will submit a reflection paper in mid-January. Those enrolled in the winter-spring clinic will submit their paper in the first week of May.

This course satisfies the HLS Professional Responsibility requirement.