Crim Def Post-Convctn Clinic

Catalog description

Students in this clinic will work with the Suffolk County Legal Aid Society, handling cases from client intake through the possible award of available post-conviction relief. Cases include matters from the Breaking Barriers project and those of Legal Aid clients who seek to get relief for old convictions in the form of certificates or sealing old records. Students will gain knowledge of a nuanced area of the law that can have a great impact on the people who suffer “perpetual punishments” due to their prior court involvement. The seminar explores the devastating post-conviction collateral consequences that exist for the approximately 76 million people within the United States who have a criminal conviction. The students in this clinic are asked to debate whether the approximately 45,000 collateral consequences are in fact “collateral.” Although Padilla v. Kentucky primarily dealt with immigration, expansion of the Court’s analysis suggests that other collateral consequences should be considered when advising a client of the collateral consequences of their plea bargain or guilty verdict. As part of their weekly seminar, students will review the current laws and discuss how criminal convictions can impact employment, educational licensing, housing, financial stability, and civic participation.