S. Trial Practice

Instructors: Marnie Zien, Legal Aid Society, and Naima Gregory, Neighborhood Defender Service of Harlem

Pre- or Co-requisite: L6241 Evidence.

Enrollment limited to 14 students.

This course will introduce students to the criminal trial process, teach foundational knowledge applicable to trial skills, and provide opportunities for students to practice those trial skills in simulations. Trial skills topics include direct and cross examination, opening statements and closing arguments, and voir dire.

Each trial skills topic will be taught through a combination of lecture, discussion and simulation. The format for each trial skill topic begins with a lecture, which is used to anchor and facilitate discussion in the class. Students will be expected to have completed assigned readings so that they may participate in class discussion. Following the discussion portion of each topic, there will be simulation exercises focused on a specific trial skill. The simulation portions of the classes will occur the week after the lecture, thus giving students a week to prepare the required assignment based on a specific fact pattern. Written materials prepared for the simulation are required to be submitted. Simulation format may be the entire group, or break-out groups. Feedback will be given immediately following simulation exercises. The course is centered around the ideas that one learns by doing; repeated practice is the best way to learn; and certain core principles-- adequate preparation, effective organization, and proper execution-- guide the practitioner through all stages of a trial.

Students will be evaluated based on a combination of class participation, simulation exercises and written materials, and a mock trial as a final exam.

This course is taught by two public defenders practicing in the five boroughs. Depending on COVID conditions in the spring of 2022, there may be opportunity for in-court observation as well.