599 Criminal Appellate Practice & Procedure (Sankoff)

LAW599

Criminal Appellate Practice & Procedure

(Sankoff)

Prerequisite courses: None, but criminal or civil procedure recommended

Prerequisite for:

Instructor(s): Professor Peter Sankoff

Method of presentation: Other

METHOD OF EVALUATION: 

(a) General Attendance Participation: 20%

(b) Short Evaluation Assignment of Appeal (max. 2000 words) – 20%

(c) Appeal Oral Submissions - 30%

(d) Appeal Written Submissions (10 pages max) - 30%

COURSE DESCRIPTION: 

This course should equip students with the knowledge, skills, and techniques required to effectively represent clients in the appellate process within the realm of criminal law and provide real insight about criminal defence work more generally, by seeing the common mistakes made at trial. The course focuses on refining your abilities to analyze, argue, and advocate criminal cases at the appellate level. Here are the key objectives of the course:

1. Understanding the Appellate Process: Students should grasp the fundamental concepts and procedures of the appellate process in criminal law, including jurisdiction, standards of review, and the role of appellate courts.

2. Case Analysis and Issue Identification: Develop an ability to critically analyze records to identify legal errors and significant issues for potential appeal.

3. Factum and Application Writing: Learn how to construct well-organized and persuasive appellate materials, emphasizing concise and clear written communication, proper citation, and persuasive legal reasoning.

4. Oral Advocacy Skills: Develop the skills necessary to effectively present oral arguments before appellate courts.

5. Strategic Decision-Making: Learn how to make informed decisions regarding whether to pursue an appeal, based on a comprehensive assessment of the trial record, legal issues, potential outcomes, and client objectives.

6. Ethical Considerations: Understand the ethical responsibilities and obligations of appellate advocates, including considerations related to candor to the court, client confidentiality, and professionalism.

7. Effective Communication: Develop skills in communicating with clients, colleagues, opposing counsel, and judges in a respectful and persuasive manner.

8. Mock Appellate Exercises: Engage in simulated appellate exercises to practice and refine your advocacy skills in a controlled environment.

9. Feedback Incorporation: Learn how to incorporate feedback from peers, instructors, and mock judges to refine written and oral advocacy presentations.

10. Persuasive Techniques: Explore various persuasive techniques, such as analogies, policy arguments, and narrative storytelling, to enhance the effectiveness of appellate advocacy.

By achieving these objectives, students will be well-prepared to navigate the complexities of criminal appellate advocacy and provide effective representation to clients seeking redress through the appellate courts.

Students will have the opportunity to watch and critique an appeal, and follow an appeal through the entire process of commencement to resolution. There will be multiple opportunities to improve your writing.

SPECIAL COMMENTS:

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

No text required.