Criminal law is a fast-paced area of practice that provides the opportunity for extensive courtroom experience and the reward of being able to help people and protect the integrity of the justice system. Criminal lawyers work in a variety of capacities, ranging from traditional criminal prosecution and defense work to policy advising, legislative drafting, correctional administration, and policing.
Criminal prosecutors represent federal, state, or local governments in cases brought against people charged with violating a criminal statute or ordinance. Federal prosecutors work in U.S. Attorney's Offices in each of the federal judicial districts, overseas, and in the military. Those prosecuting state and local ordinances work in the state attorney's office (often called the Attorney General's Office), county district attorneys' offices, or city attorneys' offices. While almost all prosecutors are government employees, private lawyers sometimes prosecute ordinance and traffic violations for smaller communities. Prosecutors often describe themselves as public servants representing the interests of the public. They do not have clients in the same sense as lawyers in other practice areas, but represent the community's interests.
Criminal defense lawyers represent persons charged with crimes. Many are employed by the government as
public defenders, providing defense counsel to indigent defendants. Others work for private law firms, representing defendants who do not
qualify as indigents or accepting representation for indigent defendants through contracts with local governments. Private criminal defense lawyers typically work
at small and medium-size firms, though some large firms represent individual and institutional clients in regulatory investigations,
criminal prosecutions, and internal investigations, covering subjects
ranging from securities fraud inquiries and bank regulatory investigations
to state and federal grand jury probes. Lawyers who do criminal defense
work in private firms often come to private practice after having had
government experience.
Lawyers work in many other areas within the criminal justice as well. Lawyers may represent the interests of criminal justice agencies, such as law enforcement or corrections; serve as counsel for organizations that promote criminal justice system reform; work as legislative aides; or serve directly as law enforcement officers or investigators.
Those interested in criminal law need to have strong written and oral communication skills, be able to handle multiple tasks and be well-organized, and adapt to a sometimes hectic and unpredictable workload. For many direct advocacy positions, it is also important to enjoy litigation and excel at negotiation. Criminal lawyers also need to be good listeners, be able to deal with people from different backgrounds, and be prepared to deal with stressful situations.
Core/Foundation Courses
These are the most fundamental courses in which students interested in criminal law should enroll. In addition, students interested in criminal law should take at least one related clinical program (see below).
- Introduction to Substantive Criminal Law (first-year requirement)
- Introduction to Criminal Procedure (first-year requirement)
- Role of Police in a Free Society and/or Sentencing & Corrections
- Evidence
Recommended Courses
Students interested in this practice area should consider including one or more of the following courses as electives.
- Selected Problems in Constitutional Law: 4th, 5th & 6th Amendment
- Selected Problems in Policing
- Victims in the Criminal Justice System
- Mental Health Law
- Trial Advocacy
- Appellate Advocacy
- Advanced Legal Writing
Enrichment Courses
These courses deepen or broaden the skills and substantive information that a lawyer in this field may need and also provides advanced course work for students interested in a specialty within this area of practice.
- Juvenile Justice Administration
- Antitrust
- Introduction to Environmental Law
- Tax I
- Business Organizations I
- Client Counseling and Interviewing
- Federal Jurisdiction
- Legislation
- Oral Communication
- Negotiation/Mediation
If you have particular Criminal Law curriculum questions, please feel free to contact:
Cecelia Klingele
Assistant Professor
Room 8110
(608) 890-3258
cklingele@wisc.edu
Ben Kempinen
Clinical Professor
Director, Prosecution Project
Room 3353
(608) 262-7908
kempinen@wisc.edu
Clinical Programs, Internships and Externships
The Criminal Appeals Project gives students an opportunity to
be directly involved in the appellate process. Under the direct supervision
of clinical faculty, students work in pairs on the appeal of two criminal
convictions. The project, which is available to second- and third-year
law students, requires a two-semester commitment.
Gary P. Hayes Police-Prosecution Externship
Hayes Police-Prosecution externs work jointly with a Wisconsin police agency and district attorney’s office developing improved responses to public safety problems of special concern to both the prosecutor and the police. These might be problems that are producing a high volume of cases for prosecution, emerging public safety problems, or problems for which effective responses otherwise remain elusive. The extern examines the scope and severity of the problem, its causes and contributing factors, the state of the current response to the problem, and the relative effectiveness of current responses. The ultimate goal is to minimize the harm the problem causes for the community and its impact on police and prosecutorial resources. Externs enroll in the Prosecution Function and Selected Problems in Policing courses during the spring semester, work in the police agency and district attorney's office during the summer, and submit a final report on the problem to the UW Law School and the participating police and prosecution agencies in the fall. Externs may receive a stipend or course credit.
Wisconsin Innocence
Project
In the Wisconsin Innocence Project, UW law students, under the direct supervision of clinical
faculty, investigate and litigate claims of innocence in cases involving inmates
in state and federal prisons in Wisconsin and elsewhere. The project
is available to students who are accepted into the program in the summer after
their first or second year of law school and requires a one year commitment
(Summer full time, Fall 7 credits, Spring 2 credits).
Legal Assistance to Institutionalized Persons ( LAIP)
The Legal Assistance to Institutionalized Persons Project, known as LAIP, is the largest of the Remington Center's clinical projects. In LAIP, students work under the direct supervision of clinical faculty to provide legal assistance to state and federal prison inmates throughout Wisconsin.
This program provides an opportunity for second-year students to work
as summer interns in district attorneys' offices throughout Wisconsin.
The student's summer experience is sandwiched between a spring classroom
component and a fall reflective seminar.
Public Defender Project
The Public Defender Project gives second-year students the opportunity to work
as summer interns in State Public Defender trial offices throughout Wisconsin.
The students' summer experience is sandwiched between a spring classroom component
and a fall reflective seminar.
The Restorative Justice Project gives students the opportunity to practice mediation skills and assess the effectiveness of an alternative dispute resolution process by providing mediation between the victims of crime and the criminal offenders. The project is open to students who have completed their first year of Law School.
The Re-entry Project provides a wide range of legal assistance to clients close to their release from prison, and those who are on community supervision. The clinic emphasizes a problem solving and interdisciplinary approach to legal representation. Clients present a wide range of issues often involving child placement, divorce, child support, federal disability law, employment matters, debt resolution and driving privileges. Through the resolution of client problems, the clinic seeks to help clients successfully re-enter the community.
Wisconsin Coalition Against Domestic Violence Clinical Program
The Wisconsin Coalition Against Domestic Violence sponsors an externship in which law students assist with legal inquiries and research regarding domestic violence issues.
The Judicial Internship Program places students with trial and appellate judges throughout Wisconsin, including placements with the Wisconsin Supreme Court and Seventh Circuit Court of Appeals. Student work varies but always emphasizes research and writing. A classroom component accompanies the placement.
Faculty
Here are some of the faculty who teach or have an interest in this subject area:
Tricia Bushnell
Clinical Instructor
Room 4315D Law
(608) 263-7462
tbushnell@wisc.edu
Peter De Wind
Clinical Associate Professor
Director, Restorative Justice Project
Room 4318B Law
(608) 263-7905
pjdewind@wisc.edu
Walter
Dickey
Professor Emeritus
Faculty Director, Frank J. Remington Center
Room 8107
(608) 262-1542
wjdickey@wisc.edu
Keith Findley
Professor
Co-Director, Wisconsin Innocence Project
Room 8108
(608) 262-4763
kafindle@wisc.edu
Rosa Frazier
Clinical Assistant Professor
Room 1342 Law
(608) 890-1596
rmfrazier@wisc.edu
Ben Kempinen
Clinical Professor
Director, Prosecution Project
Room 3353 Law
(608) 262-7908
kempinen@wisc.edu
Cecelia Klingele
Assistant Professor
Room 8110
(608) 890-3258
cklingele@wisc.edu
Michele
LaVigne
Clinical Professor
Director, Defender Project
Room 4318K Law
(608) 262-9859
mlavigne@wisc.edu
Byron Lichstein
Clinical Associate Professor
Deputy Director, Frank J. Remington Center
Room 4318E Law
(608) 265-2741
bclichstein@wisc.edu
Ion Meyn
Clinical Instructor
Room 4318N Law
(608) 890-3540
meyn@wisc.edu
Peter Moreno
Clinical Instructor
Room 4315C Law
(608) 890-3541
psmoreno@wisc.edu
John A.
Pray
Clinical Professor
Co-Director, Wisconsin Innocence Project
Room 4318J Law
(608) 263-7461
japray@wisc.edu
Mary Prosser
Clinical Assistant Professor
Room 4318D Law
(608) 265-1159
mmprosser@wisc.edu
David Schultz
Professor Emeritus
Room 2348
(608) 262-6881
deschult@wisc.edu
Michael
Scott
Clinical Associate Professor
(608) 238-2844
mscott@wisc.edu
Michael
Smith
Professor Emeritus
Room 9112
(608) 263-7762
mesmith4@wisc.edu
Adam Stevenson
Clinical Assistant Professor
Room 4315E Law
(608) 262-9233
clastevenson@wisc.edu
Ken Streit
Clinical Professor
Director, Re-entry Project
Room 4318G
(608) 262-3646
kmstreit@wisc.edu
In addition to our full-time faculty, the Law School's adjunct faculty members -- prominent practicing lawyers and judges -- bring their specialized knowledge and experience to the classroom. Adjunct Faculty List.
Student Organizations and Related Activities
The American Constitution Society for Law and Policy is a national organization of law students, law professors, practicing lawyers and members of the community. We want to help revitalize and transform legal debate, from law school classrooms to federal courtrooms.
The American Inns of Court is a legal mentoring organization rooted in the 800-year-old tradition of the Inns of Court in England. The goal of the American Inns of Court is to raise the standard of the legal profession by focusing on the development of skills, ethics, and professionalism. The James E. Doyle American Inn of Court, which meets in Madison, is comprised of judges, lawyers, law professors, and law students who meet approximately once a month. Inn programs provide creative, practical, interactive instruction in all areas of legal practice, particularly litigation. A dinner following the program provides a collegial atmosphere that encourages networking between all members, mentoring and skills development, and the exchange of concepts, ideas and techniques. If you are interested in becoming a student member of the James E. Doyle American Inn of Court, contact Professor Louis Butler.
The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities.
There are three student journals -- Wisconsin Law Review, Wisconsin International Law Journal, and Wisconsin Journal of Law, Gender & Society -- that give students an opportunity to assist with and contribute to the Law School's scholarly publications. These publications provide invaluable training in legal research and writing. Students may receive credit for this activity.
Mock Trial
Mock Trial provides real trial experience at a competitive level.
Students participate in nationwide competitions that give them opportunities
to give opening and closing statements and direct- and cross-examine witnesses.
For the student interested in litigation it is an invaluable experience
to learn skills you may not get in the classroom. Students may receive
credit for this activity.
Moot Court
Moot Court is a mock appellate advocacy program that provides invaluable
experience for students in brief writing and oral advocacy. Students may receive
credit for this activity.
National Lawyers Guild
The Madison Chapter of the NLG is a community chapter with both lawyers
and law student members. The National Lawyers Guild is a nationwide organization
of lawyers and law students dedicated to working for social justice. Formed
in 1937 as the first racially integrated bar association in the country,
the Guild tries to bring together all those who recognize the importance
of safeguarding and extending the rights of workers, women, farmers, and
minority groups upon whom the welfare of the entire nation depends; who
actively seek to eliminate racism; who work to maintain and protect our
civil rights and liberties; and who view the law as an instrument for
the protection of the people, rather than their repression.
