Criminal Law

Students represent indigent clients in administrative proceedings before U.S. Citizenship & Immigration Services, U.S. Consulates, Executive Office for Immigration Review and the Federal Court. Cases concern the immigration status of non-citizens. Students interview and counsel clients, research laws and regulations, write briefs, prepare application filings, prepare for hearings, and act as trial counsel at evidentiary hearings. Heavy emphasis is placed upon active representation of clients and cases that present novel and interesting issues of law and fact. Some required activities, such as court appearances and interviews, take place during normal business hours. This clinic may be taken for 2 or 3 credits. Registration is by consent of the instructor. Email a cover letter, resume, and unofficial law school transcript to Jennifer Dahlberg-Kowski Jennifer.Kowski@mitchellhamline.edu for preapproval. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the semester. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. Students may participate remotely in this clinic. For students who participate remotely, this clinic is considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." For more information about this clinic, students should consult the information on the clinic webpage: https://mitchellhamline.edu/clinics/immigration-clinic/ PreReq: LAW- 2015 & LAW- 3300 Take 1 as additional PreReq: LAW- 2000, LAW- 2002, & LAW- 2003

Students work side-by-side with staff attorneys in the Innocence Project of Minnesota (IPMN) as they investigate and litigate inmates' claims of actual innocence. These investigations go to the heart of current issues in the criminal justice system, such as the reliability of eyewitness identification, the problem of false confessions, the use of snitches and informants, government misconduct, ineffective assistance of counsel, and forensic sciences including DNA testing. Class time is devoted to training and case work. Students are assigned cases and expected to gather source materials such as police reports and transcripts. They will organize and summarize those materials. After educating themselves about their cases, students will design and implement an investigative plan with their supervisor and pursue that investigation. This may include locating evidence, experts and witnesses. Students must be willing and able to meet with and interview witnesses at a variety of locations. Some local travel will be required. This clinic puts students on the cutting edge of scientific and social science issues that affect the practice of law in the criminal justice system as well as hands-on experience in managing and analyzing large-scale cases for litigation. Students must have regular access to a computer with internet. Students will be required to track their hours on a cloud based software program. Students must also communicate regularly with IPMN staff via email. Students may not work for a prosecutor’s office while in this clinic. There will be a single night weekend retreat required for students in this clinic. It will be held the weekend after Labor Day. This clinic is a full-year clinic that carries 3 credits per semester in the fall and spring. PreReq:LAW- 2015

Students provide civil representation to indigent persons incarcerated in Minnesota. Students represent clients from interview through any trial. Cases include domestic relations, imprisonment-related matters (institutional grievances, parole, and detainers), and the full range of other civil problems including debtor-creditor, wills, contracts, torts, and civil rights issues. Students generally take the Clinic for two semesters; as a result, students in their final semester of law school cannot register for the LAMP Clinic for the first time without the express permission of the instructor. This clinic may be taken for 3 or 4 credits. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the semester. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. The classroom component of this course meets in-person. For more information about this clinic, students should consult the information on the clinic webpage: https://mitchellhamline.edu/clinics/lamp-legal-assistance-to-minnesota-prisoners/ PreReq: LAW- 2015 Take 1 as additional PreReq: LAW- 2000, LAW- 2001, LAW- 2002

Students work side-by-side with staff attorneys in the Innocence Project of Minnesota as they investigate and litigate inmates' claims of actual innocence. These investigations go to the heart of current issues in the criminal justice system, such as the reliability of eyewitness identification, the problem of false confessions, the use of snitches and informants, government misconduct, ineffective assistance of counsel, and forensic sciences including DNA testing. Class time is divided among class work, discussion of cases, and periodic guest speakers selected both for the general subject matter and for the specific cases under review. This clinic puts students on the cutting edge of scientific and social science issues that affect the practice of law in the criminal justice system as well as hands-on experience in managing and analyzing large-scale cases for litigation. This clinic is a full-year clinic that carries 3 credits per semester in the fall and spring. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the semester. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. Students may participate remotely in this clinic. For students who participate remotely, this clinic is considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated 'distance education courses. PreReq: CLI- 1045 & LAW- 2015

The participating students will be placed with Public Defender's Offices in the Metro Area. Because there will be court appearances required, the students must be available during the day and must be eligible to be certified as student attorneys under the Minnesota Student Practice Rules at the start of the externship. The State Public Defender has implemented a policy that does not allow law clerks/student attorneys (whether volunteer, paid, or externs) to be placed with our offices if they are also working for a prosecutor’s office during the same time frame. In addition to their onsite placements, the students will be required to attend a two hour seminar discussion. Students must be eligible for certification as student attorneys in Minnesota, which requires having earned at least 24 credits and being in good standing. Students may register for 2, 3, or 4 credits.For students who are not available to do the field work in person in Minnesota, they need to contact Professor Shawn Webb at shawn.webb@pubdef.state.mn.us within a week of registering for the class so that he can discuss placement options with you. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.

This externship involves students in numerous courtroom appearances on behalf of the prosecution in all phases of the misdemeanor case. Students prosecute misdemeanor cases and attend skills exercise classes. Each student, under the direct supervision of a practicing city attorney, observes and conducts the charging of cases, arraignments, pretrial conferences, court trials and, where possible, a jury trial. Classroom discussions consider both the prosecution and defense roles and focus on special areas of importance to the misdemeanor practitioner, with an emphasis on the DWI and Implied Consent Laws. PreReq: LAW- 2015 & LAW- 3115

This course examines the skill of statutory interpretation in the context of the legal and doctrinal underpinnings of the substantive criminal law. The course will address: the elements of crimes against persons and property, the theories justifying punishment, the principles of criminal responsibility, and the defenses to criminal liability. The course will also address the practical and ethical application of these principles. First year/foundational course, no online registration.

This course examines the many ways in which civil rights laws are enforced and implemented. It is an overview of various areas of civil rights law, including 42 U.S.C. § 1983; the Voting Rights Act; Titles VI, VII, and IX; state human rights statutes and constitutions; and the Americans with Disabilities Act. The course also covers defenses and limitations to liability (including qualified immunity and municipal liability), remedies, and procedural considerations. The course will trace the history of civil rights, analyze different models of civil rights lawyering, and explore the role that litigation can play to promote social justice. The prospects and challenges of transformative lawyering will remain a central theme throughout the course. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously. PreReq: LAW- 1005 & LAW- 2006

Provides an introduction to federal constitutional rights that arise in the criminal trial process, including the rights surrounding the charging decision, pre-trial release, speedy trial, discovery, guilty pleas, the right to counsel, jury selection, sentencing, [double jeopardy,] and post-conviction challenges. Course meets remotely and synchronously. Remote synchronous courses are considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306.

Provides an introduction to federal constitutional limitations on governmental power to investigate crime, including stopping and detaining people, arrest, frisks, searches and seizures, custodial interrogations, right to counsel, identification procedures, and confrontation.

Examines the procedural and substantive law and judicial administration of the courts in the area of juvenile delinquency. Primary concentration is on rights of accused delinquents, detention and police conduct, constitutional protection, trial, adjudication, reference for adult prosecution, treatment, and the proper function of the lawyer and the court in the juvenile court system. PreReq: LAW- 1016

The course examines the relationship between law and the origins, implementation, and aftermath of the Holocaust. Students will consider questions about lawmaking, judgment, legal theory, and legal scholarship arising from Hitler’s rise to power; the legalization of the Nazi racial-biological worldview through eugenics and anti-Jewish legislation (including the Nuremberg Laws); and challenges to our conceptions of legal and moral responsibility. In addition, the course focuses on the international legal system’s reaction to the Holocaust, including prosecution of Nazi war criminals (e.g., the Eichmann trial), the Genocide Convention, the Universal Declaration of Human Rights, financial compensation for Holocaust victims through civil lawsuits, and the return of art and antiquities stolen during the war.

This course will examine the reasons behind wrongful convictions in the United States. There are many people in this nation convicted of, and serving time for, crimes they did not commit. Currently over 200 people have already been exonerated of crimes for which they were convicted. The course will include lecture, discussion and guest speakers about eyewitness identification, false confessions, snitches and informants, government misconduct, ineffective assistance of counsel, forensic science including DNA testing, post-conviction remedies, the death penalty, media and investigative journalism, and racial bias. The course will also include in-class exercises designed to help deal with these issues as a practitioner. Note: this course is not a clinical course.

Advanced Evidence picks up where Evidence leaves off. It will focus on certain advanced doctrinal topics such as scientific evidence, expert testimony, and privileges. In addition to examining federal law governing these topics, this course will also examine state law variations, with a particular emphasis on Minnesota practice. The course has a significant research and writing component -- the majority of the grade will be based on several short papers. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. PreReq: LAW-3195

Only offered in the spring, the Criminal Law Residency Program gives students in their final year of law school an opportunity for intensive practical training in the field. The 2-credit weekly seminar focuses on development of professional judgment as well as doctrine and skills related to the Residency. Students are placed in prosecutor's and public defender's offices, and private law firms and work 3-5 days each week. In addition to the 2-credit seminar, students receive between 8 and 13 credits for work at the Residency Placement. Students must apply and be accepted into the program before being matched with a Residency Placement. Due to the intensity of the workload, applicants should be in their final year of law school and have a demonstrated interest and prior course work in the substantive area of criminal law.

This seminar will examine the causes that lead to wrongful convictions, including mistaken eyewitness identification, false confessions, faulty forensic science, tunnel vision, prosecutorial misconduct, ineffective assistance of counsel, and compensation for exonerees. In each topic area, the course will examine the systemic failures that lead to convistions of persons who are factually innocent and reforms that have been proposed to address those systemic failures. The main deliverable in this course is an independent research and writing project based on a topic of the student's choosing.

This class intends to use the bail system in the United States and the current reform and bail fund movements as a prism for students to think about movement lawyering. A practical on-ramp for students to consider how to engage in systems reform, as well as an opportunity to interrogate how the US engages with pre-trial detention compared to other systems. By using comparison to three other modern criminal law systems this class seeks to encourage students to think expansively about the other options available to US legislators.