Study

This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. Also addressed are the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges.

The Criminal Defense Clinic engages students in the direct representation of indigent clients facing prosecution for criminal charges in Durham District Court. The primary focus of student casework is serving as lead counsel on misdemeanor cases. Students’ trial-level advocacy will be grounded in seminar examination of mass incarceration, the impacts of race and poverty in the criminal justice system, and principles of client-centered and community-oriented defense. Through observation and shadowing, their own in-court experiences, and close faculty supervision clinic students will develop professional skills in client interaction, fact-development, case planning, negotiation, legal writing and argument, and trial advocacy. The semester will conclude with students extrapolating opportunities for systemic reform, derived from their experiences representing individual clients, with an emphasis on creative and interdisciplinary advocacy.

Students are directly responsible for their cases and take the leading role in defining advocacy goals and strategies with their clients. Through the clinic, students can build their litigation skills and develop a better understanding of how to engage in systemic reform campaigns. The Criminal Defense Clinic combines a substantive weekly seminar, case work, and weekly case supervision and preparation meetings. It is a one-semester course offered in both the fall and spring semesters and students will have an Advanced Clinic option.

The Wrongful Convictions Clinic pursues plausible claims of legal and factual innocence made by incarcerated people in North Carolina convicted of serious felonies. 

Students in the clinic study the causes of wrongful convictions, including mistaken eyewitness identification, false confessions, faulty forensic evidence, “jailhouse snitches,” and race. Student-attorneys work under the supervision of faculty to develop, manage, and litigate cases by carrying out a wide range of legal activities, including communicating with our clients, locating and interviewing witnesses about facts, gathering documents and records, drafting a range of legal documents and memos, working with experts, and helping to prepare for evidentiary hearings and oral arguments in state and federal courts. Most clinic cases do not involve DNA.

Many former students describe their time in the clinic, working to exonerate individuals incarcerated for crimes they didn't commit, as their most rewarding experience during law school.