LEGAL TRAINING (CRIMINAL)

Rossella Sabia

Instructional goals

The course is designed to develop the methodological and drafting skills required to successfully complete written assessments in the field of criminal law. Through practical exercises and a workshop-based approach, students will acquire a structured methodology for identifying legal issues, analysing and resolving criminal law cases, and developing clear, coherent, and persuasive legal arguments. The course will also enable students to understand how the principles and techniques of legal writing presented during the lectures are applied in legal practice, both in the legal profession and within the judiciary.

Prerequisites

Knowledge of criminal law and criminal Pprocedure.

Intended learning outcomes

Knowledge and understanding: students will acquire knowledge of the principal forms of legal writing in criminal law, their structure, and their respective purposes. They will understand how to analyse legal assignments, identify the relevant legal issues, apply the main methods of statutory and case-law interpretation, and elaborate sound legal arguments in the field of criminal law. Applying knowledge and understanding: students will be able to analyse legal assignments, identify and prioritise the relevant legal issues, and select the appropriate statutory and case-law sources. They will be capable of producing written work consistent with the required format, critically comparing alternative interpretative approaches, and developing well-reasoned legal arguments. They will also be able to draft legal opinions, procedural documents, and essays in criminal law, as well as critically revise their own written work with regard to structure, language, and legal reasoning. Making judgements: students will develop the ability to assess legal rules and doctrinal and judicial interpretations independently. They will be able to compare competing legal perspectives and formulate well-reasoned solutions to criminal law problems. Communication skills: students will be able to use appropriate criminal law terminology, clearly explain the reasoning underlying their legal analysis, and produce written work consistent with the requirements of different forms of legal assessment. They will also develop the ability to discuss and defend their interpretative and argumentative choices orally. Learning skills: students will acquire methodological tools enabling them to practise legal writing independently, keep abreast of legislative and judicial developments, critically evaluate their own written work, and adapt their working method to different forms of assessment and professional contexts.

Course Contents

The course is divided into two modules. The first focuses on legal drafting and legal writing techniques in criminal law for lawyers, while the second is devoted to legal drafting and legal reasoning in criminal law from the perspective of the judiciary.

Reference Books

Teaching materials will be made available throughout the course via the MyLuiss platform.

Teaching Methods

Lectures; discussion of case studies with students; practical simulations; group analysis and discussion of case studies.

Assessment Method

Attending students (minimum attendance of 80%): - completion of two written assignments, one for each module; - oral discussion of the written assignments. Non-attending students: - one written assignment corresponding to each of the practical exercises included in the two modules; - oral examination covering the contents of Module I. Non-attending students are required to contact the instructor well in advance in order to receive the written assignments, which must be completed and submitted before the oral examination.

Thesis assignment criteria

-

Week 1

Course Presentation

Week 2

Module I Introduction legal writing (criminal law)

Week 3

Legal opinions in criminal law: methodology, tools, and drafting techniques

Week 4

Legal opinions in criminal law: in-class practical exercise

Week 5

Defence pleadings in criminal proceedings: methodology, tools, and drafting techniques

Week 6

Defence pleadings in criminal proceedings: in-class practical exercise

Week 7

Module II Criminal law essay writing: methods of analysis and guidelines for addressing the assignment.

Week 8

Criminal law essay writing: in-class practical exercise

Week 9

The legal reasoning section of criminal judgments: statutory requirements and methodological principles

Week 10

The legal reasoning section of criminal judgments: in-class practical exercise

Week 11

The factual reasoning section of criminal judgments: statutory requirements and methodological principles

Week 12

The factual reasoning section of criminal judgments: in-class practical exercise