About
The Capital Assistance Project was initiated in 1998 at the request of the Supreme Court of Georgia. Here, students work at agencies defending individuals charged with or convicted of capital crimes. In the classroom component, students discuss work experiences, examine issues in capital punishment, and evaluate special problems which confront the attorney defending a capital case.
Please note that applications for placements in Atlanta are due no later than the early deadline stated in the Clinic and Externship Application Schedule page. Applications for placements in Athens are due no later than the regular deadline stated on that page.
Course Information & Requirements
In this three-credit course, students work for one of four agencies tasked with representing indigent defendants charged with, or convicted of, capital crimes. Three of the four agencies are located in Atlanta: Georgia Capital Defenders, Atlanta office; the Georgia Resource Center; and the Southern Center for Human Rights. The fourth agency, located in Athens, is Georgia Capital Defenders, Athens office. Work assigned to students varies with the agency but typically includes researching the law, writing memoranda in support of motions or writing portions of appellate briefs, and performing fact investigation. Students assigned to an agency in Atlanta should anticipate traveling to Atlanta on a regular basis although some of the assigned work may be completed in Athens. The course requires that students complete a minimum of 110 hours of work for the agency per semester.
In addition to the agency work, students participate in a weekly clinical seminar. The class is held at a time arranged at the beginning of each semester. In the seminar, students learn about capital punishment, discuss work experiences, examine issues in capital punishment, and evaluate special problems which confront the attorney defending a capital case.
Successful completion of Criminal Law is required to participate in CAP. Completion or concurrent registration in the following courses are useful but not required to participate: Evidence, Criminal Procedure (I or II), Capital Punishment.
How to Apply
This course is not subject to the point allocation system. The course does not count against the law school’s limit on clinical credits. Registration requires permission of the Project Director. Interested students must complete an application and submit it with a current copy of their resume to the Director by the deadline. The student must then meet with the Director. In addition, some of the agencies may interview the student and/or ask for writing samples.
Please note that applications for placements in Atlanta are due no later than the early deadline stated in the Clinic and Externship Application Schedule page. Applications for placements in Athens are due no later than the regular deadline stated on that page.
Additional Information
History
In 1996, the Georgia Supreme Court requested that the state’s four law schools develop programs to assist agencies involved in the representation of the large number of individuals charged with or convicted of capital crimes in Georgia. In developing a program to respond to the Court’s request, the School of Law also sought to maximize the educational opportunities for students. The School of Law’s program, known as the Capital Assistance Project, JURI 5310, started in Spring Semester 1998 and is open to a limited number of second- or third-year students each semester (including summer).
About the Project
Students participating in CAP work on capital cases with attorneys at one of the agencies described below. Four of the agencies are located in Atlanta and one is located in Athens. Participating students are assigned projects such as the investigation of factual issues, the preparation of memoranda or briefs on a variety of legal issues, and the research and preparation of jury instructions. The course also includes a classroom component. In the class meetings, students learn about the death penalty, discuss their work experiences at the agencies, share resources, consider issues in capital punishment, and examine problems which confront the attorney defending a capital case.
Interested students should be aware of several important factors. Participants will be working with attorneys representing individuals charged with or convicted of capital offenses. Completion of or concurrent enrollment in any of the following courses is useful but not required: Evidence, Criminal Law, Criminal Procedure I, Criminal Procedure II, Capital Punishment, Postconviction Relief. Students enrolled in CAP should anticipate preparing a significant amount of written work such as memoranda in support of motions and appellate briefs. Some of the assignments may require substantial effort in a short period of time. Finally, because most of the agencies are located in Atlanta, students should anticipate traveling to Atlanta on a regular basis although some of the assigned work may be completed in Athens.
About the Agencies
On January 1, 2005, Georgia Capital Defenders was created pursuant to the Georgia Indigent Defense Act. Located in Atlanta, the office has roots dating to 1992. Georgia Capital Defenders provides representation as lead counsel for nearly all indigent defendants charged with capital crimes in Georgia. In addition to providing counsel for the trial of capital cases, the office represents convicted defendants in their first appeal. Students at Georgia Capital Defenders’ main office in Atlanta work primarily on appeals to the Georgia Supreme Court.
In 2013, a satellite office of Georgia Capital Defenders opened in Athens. This office is available for a limited number of students every semester. Students assigned to the GCD Athens office work primarily on pre-trial issues and frequently prepare trial motions and memoranda.
The Georgia Resource Center was established in 1988 to address problems with the representation of death-sentenced inmates in habeas corpus proceedings. The Atlanta-based Resource Center monitors capital litigation throughout Georgia. It directly represents death-sentenced inmates in habeas proceedings on a limited basis. The Resource Center also recruits firms and attorneys to represent inmates in need of counsel and assists those attorneys with capital cases.
The Southern Center for Human Rights in Atlanta, in addition to its other activities, represents people of color, poor people, people with mental illnesses, and other disadvantaged people facing the death penalty at trial, on appeal, and in post-conviction and clemency proceedings. The SCHR publishes reports and articles on the death penalty. It also provides assistance to other capital defense attorneys.
Among its activities, the Federal Public Defender Office in Atlanta represents indigent capital defendants in federal habeas proceedings. In addition to the preparation of briefs and pleadings, Federal Public Defender attorneys spend considerable time investigating each of the capital cases. Students frequently accompany attorneys to interview individuals who have served as jurors in capital cases. Please note this placement is available by special arrangement only.
Students from other law schools frequently participate in programs at the Atlanta agencies. Therefore, the number of placements at each agency is limited and variable.
Registration
CAP is open to second- and third-year students but enrollment is limited. This three-credit course is not subject to the point allocation system. Also, the course does not count against the School of Law’s limit on clinical credits. Interested students must complete an application and include a current copy of their resume. Registration requires permission of the Director.
Students may participate for a single semester. However, the maximum benefit for both the student and the agencies will be realized if students continue for a second semester. For information or an application, contact:
Jessica Heywood, Clinical Associate Professor
jheywood@uga.edu