Death Penalty Clinic

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The Death Penalty Clinic allows reliable law students to litigate capital cases while providing the students an academic experience of a lifetime. Our program is the first such program in Florida and the first program in the nation to allow certified students to speak on the record on death cases. This clinic provides students with first class skills training, exposure to criminal courts and practice, opportunities to provide community service, and exposure to the realities of the death penalty. Invariably students come to see our clients as real human beings apart from their alleged crimes and successfully reconcile the two.

The Death Penalty Clinic further may provide capital attorneys and students the opportunity to litigate death cases with Professor Mourer, either as co-counsel or consultant. Currently, several other South Florida law schools are consulting with the University of Miami's Death Penalty Clinic in hopes of creating similar programs of their own. Together we can raise the bar on death penalty litigation and save lives.

Some Specifics

• Interns must be highly committed and motivated to work on death penalty cases.
• Students are placed with a mentor in the community currently litigating a capital case.
• Students are primarily assigned to one case so that the student may become completely familiar with the case.
• Once placed, students will have the opportunity to participate in the capital case through (but not limited to) client and witness interviews, plea negotiations, legal research, motion writing, motion hearings, fact finding, pre-trial investigation, mitigation reports, pre-trial negotiations, mental health evaluations, social services workups, watching jury trial, motions for new trial, sentencing preparation, and sentencing hearings.

Criteria for Clinic

The number of students will be limited carefully depending on the number of capital defense supervisors and the time availability of Professor Mourer to fully supervise each student and be involved in each case. Students must demonstrate the emotional maturity to cope with exposure to possibly disturbing or gruesome factual situations and depictions. Students will have client contact with clients accused of particularly serious and violent crimes, some of which may involve death or violence to young children. We further require that the student have ample client contact and communication. Students are required to have demonstrated writing and research ability, solid work ethic, flexible time schedule, enthusiasm to work in the area of criminal law and death penalty work, and genuine interest in defending the rights of the accused. Students may not work, volunteer or intern at any prosecuting agency while they are participating in the clinic. Additionally, students may not be a part of any credit bearing externship.

Time Commitment/Credits

• Students are required to work approximately 140 hours per semester and obtain 4 credits.
• Students are required to attend a weekly seminar class that involves substantive reading and writing assignments on death penalty topics.
• Students must keep a journal or notebook of weekly hours so a supervisor can confirm students do their hours. (Tasks do not need to be itemized unless required by a mentor.)
• Students who show exemplary performance may be permitted to continue in the clinic in subsequent semesters.
• Participation in a summer semester is by invitation only.

Grading

The clinic is graded and meets the writing or skills requirement. Students will be evaluated by their supervising attorneys and Professor Mourer. Factors for evaluation include the quality of students' work product, commitment, timeliness, and completion of all assignments. Completed time sheets and TWEN assignments will also be used in evaluation.

Class Requirements

Class time will include case staffings and discussion, reflection and substantive death penalty topics. The class will focus on the nuts and bolts of how to litigate a death penalty case from start to finish, thoroughly and ethically. Discussion topics will include: mitigators, aggravators, client and witness interviewing, jury selection and instructions, mental health mediation, coping with the stress of capital representation, volunteers, and brain injury or trauma. The class will be 50 minutes per week. Students must sign up for the clinic TWEN page and submit assignments via TWEN.

Prerequisites

Litigation skills and CLI status is preferable but not required. Students without CLI status will not be permitted to appear in court on behalf of clients. Non-CLI may participate in all other aspects of the clinic. Criminal Law is also preferred.

Supervising Attorneys

For Information

Clinic Director: Sarah A. Mourer smourer@law.miami.edu

Legal Assistant: Sarah Cardone, scardone@law.miami.edu