Conducted with the cooperation of the Criminal Division of the United States Attorney for the Southern District of New York
|LW.10679 / LW.11210
Professor Harris Fischman
Open to 3L and 2L students
Maximum of 8-10 students
|Fall and Spring semesters
Prerequisites/Co-requisites: Criminal Procedure and Evidence are recommended**
The United States Attorney’s Office will select eight to ten students for externships in the Criminal Division of the United States Attorney's Office for the Southern District of New York in Manhattan, recognized nationally as one of the finest prosecution offices in the country.
NYU will select up to ten students to participate in a seminar on criminal prosecution in the Southern District of New York. The seminar is separate from, but complementary to, the externship. The seminar will meet on Mondays from 6:00-7:50 PM.
Work of the Criminal Division
Criminal Division Assistant United States Attorneys
handle criminal cases from the initial investigative stage through appeal, conferring with investigators, local police and federal agents to plan strategy, presenting cases to the grand jury, negotiating with defense counsel, handling all court appearances and motion practice, trying cases before the bench and jury, and briefing and arguing appeals to the United States Court of Appeals for the Second Circuit. The cases are often very complex and significant. Because the Southern District is the financial capital of the world, as well as a major center for organized crime, narcotics trafficking, and terrorism, the Office handles an unusually large number of cases involving sophisticated schemes in both the white collar and the violent crime areas.
By participating in this externship, students will have an opportunity to learn all about the inner workings of the federal criminal justice system. Each student will report to, assist, and work under the supervision of one or two Criminal Division Assistant United States Attorneys. Students are required to work twelve to fifteen hours each week in the United States Attorney’s Office. Students will work closely with each of their supervisors in the investigation, preparation, and prosecution of criminal cases in federal court in Manhattan. The students' work may include, for example, interviewing federal agents, attending proffers of cooperating witnesses, and drafting motions, briefs, plea agreements and other pleadings and otherwise assisting in the preparation of such materials. Students will also assist Assistant United States Attorneys who are preparing for trial by, for example, debriefing witnesses and drafting jury instructions. Students will attend court proceedings, including pre-trial conferences, guilty pleas, sentencing proceedings, and trials. The externship is separate from, although complementary to, the SDNY seminar.
Participants meet weekly for a two-hour evening seminar to discuss, study, and explore the many important roles of the prosecutor in the federal criminal justice system. Classes will focus on ethical and strategic considerations in exercising prosecutorial authority and other challenges facing prosecutors. In particular, classes will examine how federal prosecutors may influence criminal cases at all stages of development, investigation and arrest through investigative technique, charging decisions, plea bargaining and sentencing. Students will also participate in in-class trial simulations, so that students can improve and enhance their advocacy skills.
Students should fill out and submit the standard application, resume and unofficial transcript using CAMS, the online application system. These materials will then be forwarded to the United States Attorney’s Office (i.e., you should not apply separately to the United States Attorney’s Office). There will be no interview.
Note to Students Regarding Security Clearance and Conflicts of Interest
Students selected for the program will be required to pass a security background check overseen by the Department of Justice’s Office of Attorney Recruitment and Management (“OARM”). A favorable determination from OARM is required before an extern may begin working in any U.S. Attorney's Office. A student must be a United States citizen to be eligible to work in the U.S. Attorney’s Office as an extern. For a complete list of eligibility requirements, visit the SDNY website and scroll down to "Eligibility Requirements and Conditions for All Internship and Externship Programs." In making its determination regarding suitability, OARM considers a number of factors, including a candidate’s tax filing and payment history, credit history, candor, and history of any usage of controlled substances. It is critical that students accepted for the externship complete the required security paperwork as soon as possible after acceptance into the externship so that the security background check can be timely obtained. A student may not commence externship work unless he or she has cleared the background check.
Student externs cannot work for or be paid by another law firm or similar entity during the period of the externship at the U.S. Attorney’s Office. Externs are also prohibited from participating in any law school or other legal clinic involving litigation with or proceedings before the United States or any federal entity during the period of the internship or externship. Nor may you work for any federal judges while participating in this externship. Written consent from the U.S. Attorney’s Office is required to participate in any other type of law school or legal clinic, or in any other type of outside employment, during the period of the externship.
Students who are interested in learning more about the course may wish to speak with the following students who were in the clinic during the 2014-15 school year:
* 5 credits includes 3 clinical credits and 2 academic seminar creits.
** These courses may be taken concurrently with the clinic.