TO: Prosecution Clinic Students, Law 590b
FROM: John Barkai
There is no reading assignment for the first class (but there is an “observation assignment” – see below). The syllabus will soon be posted on my web site at www.hawaii.edu/~barkai/L590b.html. I am sending the assignments for the first week at the bottom of this memo.
You can find my web site by googling “John Barkai” then going to the link for the Prosecution Clinic http://www2.hawaii.edu/~barkai/L590b.html
Paper handouts for the class will soon be available for purchase from Professional Image. However, all the handouts that will be at Professional Image are available to you in digital form at the bottom of the webpage for the class (above). In addition, I have a Dropbox folder for the class which has all the handouts above and other material. I suggest you use the Dropbox folder. As you probably know, you can copy files out of the Dropbox folder to your own computer, but please do not MOVE or DELETE Dropbox files or else they will not be available to the rest of us. Here is the link to that a folder –
During the semester, you will try real traffic and misdemeanor offenses in the District Court as well as a number of simulated mock trials in class. In addition, we will meet in class every week on Monday and Wednesday at 10 a.m. (except for the last couple of weeks).
ASSIGNMENT FOR FIRST CLASS: Before the first class, go to a busy street corner with a stop sign or red light and observe the traffic pattern for 5 minutes.
What traffic offenses did you think were committed?
Find a section of HRS (Hawaii Revised Statutes) (http://www.capitol.hawaii.gov/hrscurrent/) or the Revised Ordinances of Honolulu (http://www1.honolulu.gov/council/ocs/roh/#published) which specifies some traffic offense that you saw take place (some of the most common offenses will be found in HRS 291C – the Statewide Traffic Code http://www.lawserver.com/law/state/hawaii/hi-statutes/hawaii_statutes_chapter_291c
Be prepared to discuss in class what specific elements of the statute or ordinance you saw violated.
As a prosecutor, how would you prove any violations you saw?
MAKE UP CLASS – Friday, August 29th, 1:30-2:45
Because I will be teaching a mediation workshop for 40 judges from Thailand at our law school Sept 2-12 we will need at make adjustments to our regular class meeting during those times. The first such adjustment is the scheduling of a make up class the first week of classes. We will be doing a mock trial during that session so I doubt doing a recording of the class would be very helpful. If any of you have a conflict with that time, we can discuss it during our first class on Monday Aug. 25.
Because this is a limited enrollment class, it is important for you to attend the first class. If you do not attend and do not notify me in advance, you may be dropped from this class and another student will be allowed to enroll in your place.
Also, be sure to bring your current law class schedule with you to class. We will look for times when each of you can go to court. You need one half-day free each week to attend court, e.g. Monday p.m., Tuesday a.m., Wednesday p.m., etc. You will go to court on the same day each week. Tuesday and Wednesday afternoon often have the most trials.
It is much better if you can be free to go to court in the afternoon. Most trials are scheduled for the afternoon. There will seldom be a trial in the morning. Usually court will last for 1-2 hours, but it could go until noon in the morning or to 4:30 in the afternoon. When you do start going to court, you will need to be at court either by 8:30 in the morning or 1:30 in the afternoon.
Note that we will do a mock trial against the Defense Clinic students on the evening of Thursday Sept 25 from 5-7 p.m. at the District Court. Some of you might have a class conflict with that. I will try to get you excused for any conflicting class for this once in a semester opportunity. We will try to work things out. Please plan ahead.
See you in class. John Barkai
SYLLABUS FALL 2014
Prof. John Barkai 956‑6546 (W); 732‑5441 (H)
Office: 238 Law School E-Mail: firstname.lastname@example.org
Office hours: M & W 1:10-1:50 and by appointment Class: M & W 10:00 – 11:15
Faculty Support Specialist- Kelly Hernandez 956-7004, email@example.com
Web Site: www2.hawaii.edu/~barkai/L590b.html
Keyed to pages for Mauet, Trial Techniques (7th ed.)
OVERVIEW OF THE PROSECUTION CLINIC.
Discuss course goals, requirements, and student practice under Supreme Court Rule 7. Comments on street and intersection observations. Before next class, read Handout A1-8 and read “out loud” the transcript at Mauet (7th ed.) 120-141.
DIRECT & CROSS EXAMINATION – Officer Bier
Prepare direct and cross exam of Officer Bier in Hawaii Liquor Commission v. Jones (Everyone will take turns playing the role of Officer Bier). Ask non-leading questions on direct; lead on cross. Skim the following pages and reread them later in the semester. Mauet 4-11, 23-29, 95-168, 247-277, 310-311.
Facts are at: Witness exam problem (facts & map)
Aug 29 1:30-2:45
MISDEMEANOR MOCK TRIAL at SCHOOL
Facts are at – State v. Wagner Mock Trial Facts for Sept. Trial with the Defense Clinic and in the Dropbox
For next court next week, read Handout pages F1-10, B7-10, C6-27:
Training Manual For New Prosecutors, HRS ‘ 291D. Adjudication of Traffic Infractions, Hawaii Civil Traffic Rules (HCTR), Trial Flow Chart, Hawaii Rules of Penal Procedure (brief summary), Oahu Judicial Districts Map, A Practical Guide in Handling Your Own Traffic Cases
TO: Prosecution Clinic Students, Law 590b