"INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE"
— Martin Luther King Jr., Letter from Birmingham Jail, April 16, 1963
The Criminal Defense Clinic
The Criminal Defense Clinic at the University of Florida Fredric G. Levin College of Law provides students with an opportunity to defend indigent clients charged with criminal offenses through the Office of the Public Defender.
The public defender epitomizes why so many have entered law school. They seek not fame or fortune. Instead, they seek the higher level of professional satisfaction of representing the people who most need legal representation.
Public defenders stand alone, armed only with their wits, training and dedication. Inspired by their clients' hope, faith and trust, they are the warriors and valkyries of those desperately in need of a champion.
Public defenders, by protecting the downtrodden and the poor, shield against the infringement of our protections, and in reality, protect us all.
Hightower v. State, 592 So.2d 689 (Fla. 3rd DCA 1991)
In 1963, Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, led to the establishment of the Florida Public Defender System. In Gideon, the court held that "lawyers in criminal courts are necessities, not luxuries". The court acknowledged that the inability of the poor to afford representation served as a denial of the fundamental and essential right to a fair trial. Prior to 1963 there was no recognized constitutional right to counsel for those who could not afford it. The Public Defender Office exists to assure that the poor, or indigent, have access to justice and the right to a fair trial.
The Criminal Defense Clinic serves to prepare the champions of the future
Interns will develop skills in interviewing, counseling, factual development, taking depositions and a variety of other areas that are specific to the practice of criminal law. Interns will be confronted with a multitude of legal, social, economic and political issues that are pervasive in the practice of criminal law such as:
« The social, economic, or cultural connections or challenges between lawyers and clients (particularly indigent clients) that may aide or impede communication;
« The conflicts that a lawyer may experience in their duties to their client and others, such as the bar, the court, society, or the lawyer's own values;
« The need for timely decision making that is competent, ethical, legal and consistent with a client's interests and ideals;
« The system's treatment of the state, alleged victims, law enforcement, witnesses, and the defendant;
« And the potential for defining and achieving justice in the criminal justice system, as well as identifying obstacles to achieving justice in the criminal justice process.
Student Participation
Participation in the Criminal Defense Clinic will provide students with experiences and skills that are transferable any area of litigation including client and witness interviews, writing and arguing motions, and preparing for and conducting hearings and trials.
In this comprehensive program, students will represent indigent persons accused of crimes alongside licensed Florida lawyers in the Public Defender's Office. Students will become familiar with court proceedings such as first appearances, bail hearings, arraignments, pleas, jury trials, and sentencing hearings and will put their understanding of procedural rules, constitutional protections, and advocacy to the test in the complex world of criminal defense practice.
Information for Legal Assistance
Representation in criminal law matters is not offered directly to the public through the clinics. Interns work only with clients through the Public Defender's Office. No criminal law advice or appointments are handled through the Clinics.