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 David M. Siegel

David M. Siegel

Professor of Law and Director, Center for Law and Social Responsibility

(617) 422 7270

B.A. University of Chicago
J.D. University of Chicago Law School

Professor Siegel teaches Comparative Criminal Procedure, Criminal Advocacy, Criminal Law, Criminal Procedure, Clinical Evidence, Evidence, and Mental Health Issues in the Criminal Process. He has written articles on the history of mental health defenses in criminal law, the ethical obligations of criminal defense lawyers and prosecutors, and involuntary medication of criminal defendants. He is a founding member of the New England Innocence Project and serves on its Case Review Committee. He directs the Criminal Justice Project of the law school’s Center for Law and Social Responsibility. He received a Fulbright senior specialist grant to teach at Sichuan University in Chengdu, China, for six weeks in 2009. While there, he taught an advanced seminar on comparative criminal procedure and lectured on Task Setting in Police Management for Performance at Southwest Jaiotong University in Chengdu. He also lectured on Eyewitness Misidentification: Social Science Informing Law Enforcement Reform at Southwest University of Finance and Economics at Chengdu and on The American Death Penalty in the 21st Century at the U.S. Consulate in Chengdu. He conducted a workshop on sentencing, which was presented for judges from the Sichuan High Court. Before joining the New England Law faculty in 1996, he was a senior assistant public defender for the Office of the Metropolitan Public Defender in Nashville, Tennessee. He served as a clerk for the Hon. E. Grady Jolly, Jr., of the U.S. Court of Appeals for the Fifth Circuit.

Professor Siegel is featured in the Continuing Duty blog, which is devoted to "...ensuring that lawyers constitutionally and ethically act as the very best lawyers they can be, before, during, and after their representation has ended."

 Selected Publications

The Established Continuing Duty, in The Professional Lawyer (2017) (with Tigran Eldred)

The Continuing Duty in Reality, in American Criminal Law Review Online (2015) (with Tigran Eldred)
Social Science Research Network

Preserving Evidence To Convict the Guilty and Protect the Innocent: Massachusetts’ Post-Conviction Access to Forensic and Scientific Analysis Act, 56 Boston B. J. (Fall 2012) (with Gregory I. Massing)

A New Tool for Determining Factual Innocence: Massachusetts’ Post-Conviction Access to Forensic and Scientific Analysis, 56 Boston B. J. (Summer 2012) (with Gregory I. Massing)

Emphasizing Privacy of the Home and Limiting Third Party Consent Under the State Constitution: Commonwealth v. Porter P., 93 Mass. L. Rev. 357 (2011) (with Lawrence Friedman)

The Sentencing of Juveniles in the United States Supreme Court: Reaffirming the Distinctiveness of Youth, 20 Child and Adolescent Psychiatric Clinics of North America 431 (2011)
Social Science Research Network

The Role of Trial Counsel in Ineffective Assistance of Counsel Claims: Three Questions to Keep in Mind, 33-FEB Champion 14 (2009) (Cover Story)
Social Science Research Network

Involuntary Psychotropic Medication to Competence: No Longer an Easy Sell, 12 Mich. St. J. L. & Medicine 1 (2008)
Social Science Research Network

The Growing Admissibility of Expert Testimony by Clinical Social Workers on Competence to Stand Trial, 53 Social Work 153 (2008)
Social Science Research Network

Training the Hybrid Lawyer and Implementing the Hybrid System: Two Tasks for Italian Legal Education , 33 Syracuse J. Int'l L. & Com. 445 ( 2006)
Social Science Research Network

A New Regime of Electronic Recording of Police Interrogations: Commonwealth v. DiGiambattista, 422 Mass. 423 (2004), 89 Mass. L. Rev. 171 (2006)

Commonwealth v. Patterson, 42 Crim. L. Bull. 21 (2006) publication of amicus curiae brief filed in Massachusetts Supreme Judicial Court, co-principal author

Law Enforcement Interviews of Hospital Patients: A Conundrum for Clinicians, 295 J. Am. Med. Ass'n 822 (2006) with co-authors Paul M. Jones and Paul S. Appelbaum

Justice on the Cheap, 49 Boston Bar J. 10 (2005)

Canadian Fundamental Justice and U.S. Due Process: Two Models for Guarantee of Basic Adjudicative Fairness, 37 Geo. Wash. Int'l L. Rev. 1 (2005)
Social Science Research Network

Psychoactive Medication and Your Client: Better Living and (Maybe) Better Law Through Chemistry, 27-DEC Champion 22 (2003)

The Ethical Obligations of Prosecutors in Postconviction Claims of Innocence: A New Ethical Framework for a New Legal Regime, 38 Cal. W. L. Rev. 389 (2002) co-author with Judith Goldberg.

Old Law Meets New Medicine: Revisiting Involuntary Psychotropic Medication of the Criminal Defendant, 2001 Wis. L. Rev. 307 (2001) co-author with Albert J. Grudzinsks, Jr. and Debra A. Pinals, M.D.
Social Science Research Network

Confidentiality & Privilege in the Juvenile Court Setting, Ch. 4, in Imrpoving the Professional Response to Children in the Legal System (2000) co-author with Albert J. Grudzinskus

My Reputation or Your Liberty (or Your Life): The Ethical Obligations of Trial Counsel in Post Conviction Proceedings, 23 J. Legal Prof. 85 (1998-1999)

Magill's Legal Directory (1999) contributor, Entries on Public Defender, Effective Assistance of Counsel, Homicide, Manslaughter, Prison System-U.S., Rape, Criminal Prosecution, Assault

Development and Presentation of Psychological Evidence in Criminal Defense Proceedings, in Criminal Defense Techniques (1999)

Felix Frankfurter, Charles Hamilton Houston, and the 'N-Word': A Case Study in Evolution of Judicial Attitudes Toward Race, 7 S. Cal. Interdisc. L.J. 317 (1998)
Social Science Research Network

Transfer to Criminal Court, in A Practical Guide for Juvenile Defense (1997) co-author with J. Michael Engle

Professor Siegel can comment on the following subjects:

  • Comparative Criminal Procedure (US, UK, and Canada)
  • Competence to Stand Trial
  • Criminal Law
  • Criminal Procedure
  • Death Penalty
  • Developmental Disability and the Criminal Justice System
  • Diminished Capacity Defense
  • DNA Testing, Post-conviction
  • Evidence
  • Innocence Project
  • Insanity Defense
  • Juveniles and the Criminal Justice System
  • Mental Illness and the Criminal Justice System
  • Post-conviction DNA Testing
  • Public Interest Law