Clinical Prerequisites class taught by Professor Krieger
Prosecutor/Defender externships generally require previous completion of Criminal Practice Clinic (see note 2 below). Evidence is a prerequisite or co-requisite for this course. Note that Professional Responsibility is not required for this course, but is required before beginning your externship.
Enrollment is individually approved by the externship coordinator. Students MUST file a pre-registration application form with the Externship Office by the posted deadline. Application forms are available online during the advertised application period. The Program Assistant will register students for this class. Students (a) may not simultaneously take Civil Pretrial Practice; and (b) may not also take Trial Practice (credit will not count toward graduation requirement), except that Mock Trial team members may also take Mock Trial Practice but will receive reduced credit (2) for Criminal Practice Clinic because of overlap.
The course provides training in the trial and pre-trial skills necessary to function as an effective prosecution or defense attorney. The course traces the criminal process from the time an accused is taken into custody or charged with a crime through the determination of guilt and sentencing. Students not planning to extern may enroll on a space-available basis. The course is not offered during the summer term. Grading is pass/fail with an S+/S- option. Students receive three hours of academic credit. Classes generally meet 3 hours per week during the term; the concluding mock trial meetings are 4 hours, usually in the evening.
- This course is often over-enrolled. Because the externship that follows this course requires Certification (CLI status) under the Student Practice Rule, students seeking to maximize their likelihood of taking this program are advised to apply to the Florida Bar for certified status (or full membership) early. Status toward certification (including, if not yet certified, date of Bar application) is an important factor in selection for this course. You may also benefit from applying for this course early in law school, to have additional opportunities if not immediately admitted.
- Depending on program capacity, a very limited number of students who are not admitted to the CPC course may be permitted to do the Prosecutor/Defender externship for 6 credits (half time). This option requires Evidence, Trial Practice and Student Practice Certification (see above); it will provide substantially less experience than the 9- and 12-credit options. Consult Professor Krieger for more information.
- Unless waived in writing by the instructor, students must complete a 9- or 12-credit Prosecutor or Defender litigation externship (not appeals) in order to receive a satisfactory grade for the Criminal Practice Clinic. More information on this policy, on registering for fewer credits of externship, and on waivers to take this course without committing to the externship may be obtained from Professor Krieger as part of the preregistration application process.
- If there are too many applicants for externships in a given semester (exceeding 20 in the Summer, 15 in the Fall, or 10 in the Spring), students who are not enrolled will be excused from the externship requirement if they so choose (or may extern in another semester if they prefer and can otherwise do so).
- Students who receive a U for the CPC course are generally disqualified from the externship, as are those who receive S-, unless the externship coordinator is confident of their ability to succeed in the externship. Further, the prosecutor/defender externship is a rigorous experience which requires initiative, focused attention, interpersonal skills and self-motivation from each student. Consequently, students who do not consistently display these qualities during the CPC course will not be enrolled in the externship, regardless of the grade they obtain in the course. Similarly, students whose previous record creates questions about these qualities will receive reduced priority for enrollment in the prerequisite Criminal Practice Clinic if it is over-enrolled.
*Interested students should be aware that these externships, like the actual work of a prosecutor or public defender, involve a large amount of case processing, plea negotiations, and the like. A student’s time is therefore not primarily spent in trials, and this reflects the reality of a prosecutor or defender in practice. Because these are high-credit programs, during the externship semester there is also a substantial amount of reporting (daily journal, monthly reports, etc.), and Web discussion with other students.