Law Course Catalog

7279. Prior Conviction Impeachment Practicum

2.00 credits | May be repeated for a total of 5 credits.

Prerequisites: None.

Grading Basis: Graded

This practicum will involve students in the work of the Coalition for Prior Conviction Impeachment Reform. Through policy papers, amicus briefs, collaboration with local stakeholders, and educational outreach, the Coalition seeks to change rules on prior conviction impeachment both at the state and federal level. Prior conviction impeachment is an integral component in the rise of the carceral state and the transformation of the criminal system to a system of pleas. Although it is ostensibly about the truthfulness of witnesses, prior conviction impeachment functions in large part as a witness silencing mechanism, and the witnesses it silences are disproportionately people of color. Research has shown the evidence against a defendant with a prior record appears stronger to the jury. Facing this reality, defendants choose not to exercise the constitutional right to testify in their own defense in order to keep the jury from learning of prior convictions through impeachment. The threat of prior conviction impeachment also encourages those facing criminal charges to waive the right to trial and take a guilty plea. Through this practicum, students will work on policy-oriented, empirical and/or legal advocacy research and writing about prior conviction impeachment and the need for reform. Projects may involve empirical research to enhance understanding of the impact of prior conviction impeachment; drafting of policy documents for or directed to stakeholders, such as state legislatures, evidence rules committees, prosecutors, judges or defense attorneys; participating in and/or presenting at meetings with legal groups in states engaged in reform efforts; and/or identifying cases and drafting amicus briefs on the issue. Students will gain the skills and knowledge lawyers need to play an effective role in reform efforts to transform the evidentiary and criminal legal system.