Criminal Law Research Guide West Virginia University College of law library 2010-2011 Academic Year Circ Desk: (304) 293-5300 Ref Desk: (304) 293-8286 P.O. Box 6135 101 Law Center Drive Morgantown, WV 26506-6135 1 Overview This Research Guide covers resources relating to Criminal Law and Procedure located in the WVU College of Law Library and available through the internet. This research guide is intended to give researchers a starting point in the area of criminal law and procedure including federal and West Virginia materials. It is also intended to highlight basic texts on criminal law that may be useful to students in supplementing course materials. It is not intended to be an exhaustive guide of resources relating to Criminal Law and Procedure. Criminal Law Print Resources 1. Understanding Criminal Law, 5th Edition, author: Joshua Dressler Call Number: KF 9219. D74 2009, located on 2 hour course reserve The text focuses on the basic elements of, and defenses to, specific crimes such as homicide, rape, and theft, group criminality, and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and thoughtful examination of the underpinnings of the utilitarian philosophies of substantive criminal law. The text of Understanding Criminal Law encourages students to consider the approach these philosophies would take to a particular matter under discussion, thus providing an excellent learning tool for gaining a firm understanding of how our criminal justice system works. 2. A Case Study in the Insanity Defense: The trial of John W. Hinckley, Jr., 3rd Edition, Call Number: KF 224. H56 L68 2008, located on 2 hour course reserve This casebook first presents a background introduction and provides the history behind the insanity defense. Text features extensive coverage of the John W. Hinckley, Jr., trial. Reviews the reactions to the verdict, comments and questions from the trial, and insanity defense reform after the trial. It also includes coverage of Hinckley's hospitalization and treatment. 3. Criminal Law Examples and Explanations, 4th Edition Call Number: KF 9219.3. S54 2007, located on Bar Reserve This book combines textual material with well-written and comprehensive examples, explanations, and questions to test students' understanding of the material and provide practice in applying information to fact patterns. Utilizing well-known cases, this brief text is an ideal supplemental source for your Criminal Law course. Additionally, the questions, which call upon a variety of issues in one fact pattern, mirror those that students will face on a law school or bar examination, affording them valuable practice. 4. Acing Criminal Law, author: John M. Burkoff Call Number: KF 9219.85. B87 2009, located on Bar Reserve This study aid features an innovative method of content organization. It uses a checklist format to lead students through questions they need to ask to fully evaluate the legal problem they are trying to solve. It also synthesizes the material in a way that most students are unable to do on their own, and assembles the different issues, presenting a clear guide to procedural analysis that students can draw upon when writing their exams. Other study aids provide sample problems, but none offer the systematic approach to problem solving found in this book. 5. Criminal Law in a Nutshell, 5th Edition, author: Arnold H. Loewy. Call Number: KF 9219.3. L63 2009, located on Bar Reserve Gain an overview and develop perspective on the extensive area of criminal law. Organized into eight sections for quick reference. Expert discussion explores 2 punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Features special defenses and the burden of proof. Covers inchoate and group criminality. Also reflects on the limitations of criminal law. 6. Questions & Answers: Criminal Law, 2nd Edition. Call Number: KF 9219.5. L485 2007, located on Bar Reserve Understand better what you're learning in Criminal Law class and prepare effectively for exams by applying concepts as you learn them. This study guide includes over 150 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 16 questions comprising a comprehensive "practice exam." For each multiple-choice question, the authors provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. 7. Quick Review: Criminal Law, 5th Edition, author: Steven I. Friedland Call Number: KF 9219.3 F75 2008, located on Bar Reserve Sum and Substance Quick Review is a short, clear, concise, and substantive outline. It is designed to make the study of law clear and convenient, and it is designed to help students prepare for their law school exams. The main body is an outline of the substantive content that a student needs to prepare for a law school exam. The concise format provides a '' Big Picture'' overview allowing students to review the subject quickly prior to final exams. 8. The Glannon Guide to Criminal Law, author: Laurie L. Levenson Call Number: KF 9219.5. L48 2005, located on Bar Reserve The Glannon Guides form a new series conceived by Joe Glannon, author of the highly successful Examples & Explanations titles "Civil Procedure" and "Law of Torts." Through multiple choice Q&A, test your knowledge and use the detailed explanations of right and wrong answers to analyze your responses. 9. Criminal Law Defenses, Volume 1 and 2, Author: Paul H. Robinson Call Number: KF 9240. R63, located on Middle Floor This two-volume Criminal Practice Series examines the potentials and limitations of more than 60 defenses. Cites and discusses criminal law defense statutes. Covers substantive defenses as recognized by the statutory and case law of every state. Topics include public policy defenses, excuse defenses, and non-exculpatory public policy defenses. For those states without criminal law defense statutes, the author examines case law that accepts or rejects various defense theories. Also contains exhaustive citations to secondary sources, as well as references to proposed model codifications. 10. Substantive Criminal law, 2nd Edition, Author: Wayne LaFave Call Number: KF 9219. L386 2003, located on Middle Floor Analyzes the law in terms of case law and statutory law via the Model Penal Code. Text focuses on the ways specific crimes and general principles of criminal law are defined by state statutes and interpreted by the courts. Extensive discussion of the Model Penal Code provides accurate assessment of the statutory particulars of each state, as well as their probable ramifications. Text covers general considerations, sources and general limitations, and basic premises of substantive criminal law. Explores responsibility, justification, and excuse. Also reviews anticipatory offenses, parties, crimes against the person, and crimes relating to property. 11. Death Penalty in a nut shell, Author: Victor Streib Call Number: KF 9227. C2 S772 2008, located on Middle Floor Covering both the substantive law and the procedural law of the death penalty, this title begins with the arguments for and against the death penalty and an explanation of its basic constitutional challenges and limitations. Major sections cover capital crimes and defenses, as well as trial level and post-trial procedural issues. Special topics such as race and gender bias and executing the innocent are included, as well as a section on international and foreign law issues. This Nutshell serves both as supplemental reading for students in death penalty courses and as a concise, narrative explanation of death penalty law. 3 12. ABA Standards for Criminal Justice: Pretrial Release, 3rd Edition Call Number: KF 9223.4. A942 2007, located on Middle Floor This publication contains the "black letter" ABA Criminal Justice Standards on Pretrial Release approved by the House of Delegates in 2002, the history and a discussion of the rationale for each Standard, and updated references to relevant case law, legislation, literature, and research. 13. ABA Standards for Criminal Justice: Speedy Trial and Timely Resolution of criminal cases, 3rd edition. Call Number: KF 9223.4. A942 2006, located on Middle Floor This publication contains updated standards addressing the defendant's right to a speedy trial and new standards addressing the public's interest in timely resolution of criminal cases and the effective use of resources. Explanatory commentary accompanies the "black letter" standards, approved by the ABA House of Delegates in August 2004. 14. ABA The State of Criminal Justice 2010 Call Number: KF 9223. A152S7, located on Middle Floor Authors from across the criminal justice field provide essays on topics ranging from white collar crime to international law to juvenile justice. This annual publication examines and reports on the major issues, trends and significant changes in the criminal justice system. As one of the cornerstones of the Section's work, the publication serves as an invaluable resource for policy-makers, academics, and students of the criminal justice system alike. The 2010 volume contains 19 chapters focusing on specific aspects of the criminal justice field, with new addition of full text and reports of all of the adopted official ABA policies passed in 2009-2010 that address criminal justice issues. 15. American Jurisprudence Proof of Facts Call Number: KF 8935. A443, located on Middle Floor Written by judges, attorneys, and experts in technical, scientific, and medical fields for use in a wide range of civil litigation and selected criminal defense topics, including personal injury/ torts, business torts, and employment, real estate, and commercial litigation. Provides expert advice on preparing your case, quickly determining the facts essential to winning your case and proving them, and determining which cases to take or refer. Includes strategies, tactics, and practice tips and tools for every stage of trial preparation. Contains extensive checklists, sample interrogatories, model discovery forms, sample proofs, diagrams, as well as artwork and illustrations. 16. How criminal Law Works: a conceptual and practical guide, Author: Samuel H. Pillsbury Call Number: KF 9219. P55 2009, located on bar reserve at Law Library circulation desk How Criminal Law Works provides a conceptual guide to the law by introducing the reader to the special terminology, methods and traditions that inform the criminal law. The text features multiple examples setting out realistic situations which illustrate legal analysis. The book also serves as a practical guide to law by relating the law as written to the realities of law as it is often applied. 17. Criminal Law, Author: Joel Wm. Friedman Call Number: KF9219.85 .C753 2009, located on bar reserve at Law Library circulation desk Friedman's Practice Series tests your knowledge of the key concepts and rules of your course with this comprehensive collection of real essay and multiple-choice exams. Refer to the model answers and academic analysis to gain insight into what your professor looks for when grading. Features include: Authentic law school exams used in actual criminal procedure courses six essay questions, and 115 multiple-choice questions with answers and professor analysis. 4 18. Mastering Criminal Law, Author: Ellen S. Podgor Call Number: KF 9219 .P63 2008, located on bar reserve at the Law Library circulation desk This book provides a clear and concise consideration of the fundamental structure of a crime, including statutory interpretation and sentencing. It has chapters on the typical crimes covered in most criminal law casebooks, namely homicide, rape, assault and battery, and theft. It extends the study to newer forms of crimes, such as criminal enterprises, and includes chapters on accomplice liability, solicitation, attempt and conspiracy. The book covers the traditional defenses seen in criminal law courses and also examines the concept of what is a defense. 19. Inside Criminal Law: what matters and why, Author: John M. Burkoff Call Number: KF9219 .B83 2008, located on bar reserve at Law Library circulation desk Inside Criminal Law: What Matters and Why offers: clear explanations that demystify the material without oversimplifying it thorough coverage of key concepts pedagogical features that enhance learning and ease of use. From the beginning, students will understand both what the topic is about and why it matters Key Terms: Essential terminology is highlighted and explained at first use FAQs: Students' frequently asked questions are spelled out and given straightforward answers. It offers Graphics: Charts, photos, and cartoons illustrate concepts, replicating the use of blackboard, PowerPoint, and other visual aids effectively used in the classroom. Criminal Procedure Print Resources 1. The Glannon Guide to Criminal Procedure, author: John Kip Cornwell Call Number: KF 9619.85. C67 2010, located on Bar Reserve Interactive and user-friendly, Glannon Guide to Criminal Procedure uses explanatory text and multiple-choice questions to review course content and show the reader how to correctly analyze and answer multiple-choice exam questions. Following each question, the author provides a lucid and complete explanation of how the correct choice was identified. 2. Examples and Explanations Criminal Procedure II: From Bail to Jail, 2 nd Edition, Author: Richard G. Singer. Call Number: KF 9619.3. S56, located on Bar Reserve This study guide is designed for criminal procedure courses covering all the post-arrest or bail to jail, topics. Noted author Richard G. Singer provides everything students need for success essential background and review materials, plus the opportunity to test their skills in applying the material. Students will appreciate the careful construction of this concise reference: time-tested Examples & Explanations pedagogy helps students master material clear and engaging writing style makes complex topics accessible to students effectively compares approaches taken by various jurisdictions chapter on sentencing includes detailed discussion of Apprendi and Blakely. 3. Question and Answers: Criminal Procedure I and II (Police Practice and Prosecution) Call Number: KF 9619.5. K83 2003, located on Bar Reserve Understand better what you're learning in Criminal Procedure class and prepare effectively for exams by applying concepts as you learn them. This study guide includes over 150 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of questions comprising a comprehensive "practice exam." For each multiple-choice question, Professors Katz and Cohen provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professors Katz and Cohen provide a thoughtful, comprehensive, yet brief model answer. 5 4. Examples and Explanations: Criminal procedure: the Constitution and the police, Author: Robert M. Bloom and Mark S. Brodin Call Number: KF9630.Z9 B58 2010, located on bar reserve at Law Library circulation desk Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement. Among the attributes that make this Examples & Explanations exceptional: The organization, by following police procedure in sequential order, helps students develop a sense of the theoretical flow and logic of law enforcement. Numerous charts and illustrations that graphically demonstrate legal standards and concepts, making them easier to understand. 5. Emanuel Crunch Time: Criminal Procedure, Author: Steven Emanuel Call Number: KF9619.5 .E44 2009, located on bar reserve at the Law Library circulation desk Crunch Time provides a comprehensive topic breakdown and critical information review all in one tool! The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades! 6. Advanced Criminal Procedure in a nutshell, Author: Mark Cammack and Norman Garland Call Number: KF9619.3 .C36 2006, located on bar reserve at Law Library circulation desk Designed for use as supplemental reading in an advanced criminal procedure course on the post-investigation processing of a criminal case. Includes a clear, concise, and thorough narrative explanation of the issues involved in the prosecution and adjudication of a criminal case, from the decision to prosecute and pre-trial release through to sentencing, appeal and collateral attack. Ideal reference for students and practitioners. 7. Principles of criminal procedure: post-investigation, Author: Wayne R. LaFave Call Number: KF9619 .L344 2009, located on bar reserve at Law Library circulation desk This book, for use in connection with a course focused upon the formal part of the criminal process, covers counsel, bail, the charging decision, preliminary hearing and grand jury review, the prosecution's location and scope, speedy trial, pleading and discovery, guilty pleas, jury trial, pretrial publicity, the trial, double jeopardy, sentencing, appeal and collateral attack. 8. Criminal procedure, Author: Joel Wm. Friedman Call Number: KF9619.85 .C75 2009, located on bar reserve at the Law Library circulation desk Practice makes perfect. Friedman's Practice Series tests your knowledge of the key concepts and rules of your course with this comprehensive collection of real essay and multiple-choice exams. Refer to the model answers and academic analysis to gain insight into what your professor looks for when grading. Features include: Authentic law school exams used in actual criminal procedure courses Six essay questions, and 115 multiplechoice questions with answers and professor analysis. 9. Principles of criminal procedure, Author: Russell L. Weaver Call Number: KF9619.3 .P75 2004, located or bar reserve at Law Library circulation desk This book analyzes criminal procedure cases and concepts, and presents them in a concise and easy to understand way. The book includes all leading United States Supreme Court cases, important state court decisions, and commentary on the decisions. In order to facilitate learning, each chapter begins with "focal points" designed to introduce the topic, and ends with "points to remember" designed to reinforce the concepts presented. The focal points and points to remember are designed to enhance understanding and learning. 6 Evidence Print Resources 1. Mastering Evidence, Author: Ronald W. Eades Call Number: KF 8935 .E15 2008, located on course reserve at Law Library circulation desk 2. Evidence, Author: Joel Wm. Friedman Call Number: KF8935 .E948 2009, located on reserve at Law Library circulation desk. 3. The latest volume, Evidence of Other Misconduct and Similar Events, by David P. Leonard, is a comprehensive, scholarly analysis of when evidence of crimes, wrongs, or acts other than those at issue in a trial may be admitted into evidence. The author analyzes the history of the prohibition on character evidence in England and the United States and the development of exceptions to the rule, discusses how courts should analyze questions of character evidence, and treats in detail the various exceptions such as motive, opportunity, preparation, plan, modus operandi, and identity. Evidence in a nutshell, Author: Paul F. Rothstein Call Number: KF8935.Z9 R6 2007, located on Bar Reserve at Law Library circulation desk 6. This comparatively short, readable treatise is written especially for students. First published in 1978, this text examines all topics typically covered in a three-or four-hour course in evidence. Emphasis is on the Federal Rules of Evidence, now adopted in most states. Should the reader desire additional material, ample footnotes provide easy access to leading cases, articles, and standard reference works. The Fifth Edition contains an indepth treatment of the important amendments to the Federal Rules of Evidence, including the most recent addition of Rule 502. The New Wigmore A Treatise on Evidence: evidence of other misconduct and similar events, Author: David P. Leonard Call Number: KF8935 .L44 2009, located on bar reserve at Law Library circulation desk 5. Friedmans’s Practice Series is keyed to exam preparation with real law school essay exams, model answers, multiple choice questions and academic analysis, and offers students insights into writing essay exams in core courses. Features: Real law school essay exams from top law schools, Multiple-choice questions with model answers, Professor analysis of multiple-choice questions, Student insight into writing essay exams. Principles of Evidence, Author: Graham C. Lily Call Number: KF8935 .L54 2009, located on reserve at Law Library circulation desk 4. Mastering Evidence is a clear, concise discussion of the rules of evidence. It is designed to be a secondary source for students enrolled in their first course in evidence. This book takes the same approach, fully explaining the details of those rules. It is also organized according to the same structure as the Federal Rules and is, therefore, easy to follow. It presents the rules in a readable fashion that makes it possible to understand complex concepts. This book is located on bar reserve at Law Library circulation desk. Federal rules of evidence are the anchor of this single-volume Nutshell. The text summarizes significant U.S. Supreme Court decisions, additional leading cases, and principal schools of evidentiary thought. Expert coverage includes practical implementation of the rules at trial or their connection to pre-trial or post-trial proceedings. Evidence, Author: Steven Goode Call Number: KF8935.Z9 G65 2008, located on bar reserve at Law Library circulation desk Sum and Substance Quick Review is a short, clear, concise, and substantive outline. It is designed to make the study of law clear and convenient, and it is designed to help students prepare for their law school exams. The main body is an outline of the substantive content that a student needs to prepare for a law school exam. The concise format provides a Big Picture overview allowing students to review the subject quickly prior to final exams. 7 7. Black Letter Outline Evidence, Author: Christopher B. Mueller Call Number: KF8935 .M84 2007, located on bar reserve at the law Library circulation desk Black Letter Outlines are designed to help a law student recognize and understand the basic principles and issues of law covered in a law school course. Black Letter Outlines can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Each Black Letter Outline is written by experienced law school professors who are recognized national authorities in their subject area. Audio Resources 1. Emanuel Crunch Time: Criminal Law, author: Steven Emanuel Call Number: KF 9619.5. E44 2008 Audio, located on bar reserve at law library circulation desk 2. Gilbert Law Summaries: Criminal Procedure Call Number: KF 9219. W453 2005 Audio, located on bar reserve at law library circulation desk 3. With Law School Legends, you’ll get a brilliant law school professor explaining an entire subject to you in one simple, dynamic lecture. Law School Legends makes even the most difficult concepts crystal clear. You’ll understand the big picture and how all the concepts fit together. You’ll get hundreds of examples and exam tips, honed over decades in the classroom. But best of all, you’ll get insights you can only get from America’s greatest law professors. Emanuel Crunch Time: Evidence, Author Steven Emanuel Call Number: KF8935.Z9 E572 2007 Audio, located on course reserve at law library circulation desk 5. With Law School Legends, you’ll get a brilliant law school professor explaining an entire subject to you in one simple, dynamic lecture. Law School Legends makes even the most difficult concepts crystal clear. You’ll understand the big picture and how all the concepts fit together. You’ll get hundreds of examples and exam tips, honed over decades in the classroom. But best of all, you’ll get insights you can only get from America’s greatest law professors. Gilbert Law Summaries: Criminal Law Call Number: KF 9219.3. W47 2005 Audio, located on reserve at law library circulation desk 4. When time is of the essence, make CRUNCHTIME your exam study partner. Whether you're preparing for a multiple-choice, short-answer, or essay exam, CRUNCHTIME can improve your grade with a complete set of exam preparation tools that includes capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample multiple-choice questions with answers, short-answer practice questions with answers, and essay questions with model answers plus clear guidance for writing well-crafted exam essays. When time is of the essence, make Crunch Time your exam study partner. Whether you're preparing for a multiple-choice, short-answer, or essay exam, Crunch Time can improve your grade with a complete set of exam preparation tools that includes capsule summaries of major points of law and critical issues, exam tips, sample multiple-choice questions with answers, short-answer practice questions with answers, and essay. Sum + Substance CD Series: Evidence, Author: Steven J. Goode Call Number: KF8935.Z9 G66 2008 Audio, located on reserve at the law library circulation desk Convenient and effective Sum and Substance: Evidence audio CD series presents the essentials of evidence in a clear, succinct, time-saving format. Includes quick reference indexing, allowing you to quickly locate all topics in the recording, and informed exam tips to help maximize your performance.8 Audio CDs, covering 8.8 hours. Topics addressed include: Lawyer, Judge, Jury Functions; Objections; Relevancy: Discretionary Exclusion; Subsequent Remedial Measures; Offer to Compromise; Medical Expenses; Liability 8 Insurance; Character Evidence; Other Crimes Evidence; Habit; Hearsay; Hearsay Exceptions; Confrontation Clause; Competency; Direct and Cross Examination; Privileges, Best Evidence Rule. 6. Evidence for Trial Lawyers videos: Disc 1, 2, 3, and 4, Author: Irving Younger Call Number: KF8915.A1 Y68ev 2008 Video These videos are located on bar reserve at Law Library circulation desk. This video covers the witness rules of evidence, the best evidence rule, authentication, hearsay and things that should concern lawyers. Videos based on real cases 1. By reason of insanity [videorecording] / produced by CBS News. - Díaz-Balart, José. Call Number: HV6133 .B9 1997 Video 2. A crime of insanity [videorecording] / produced by David Murdock, Miri Navasky, Karen O'Connor Murdock, David. Call Number: KF9242 .C74 2002 Video 3. Originally produced for the television program Frontline. Examines the controversial ways the criminal justice system deals with the insanity plea, specifically in the case of State University of New York, Albany, psychology student Ralph Tortorici who held classmates hostage in a 1994 incident. Tortorici was schizophrenic. Deadline [videorecording] / Big Mouth Productions presents a film by Katy Chevigny and Kirsten Johnson - Chevigny, Katy. Call Number: KFI1765 .C2D43 2004 Video 4. Originally aired as a segment of the television program Against the law. Explores the issue of mental competence through the trials of two multiple murderers in which one defendant was denied the desired verdict and the other was granted it. What would you do if you discovered that 13 people slated for execution had been found innocent? That was exactly the dilemma that Illinois Governor George Ryan faced in his final days in office. He, alone, was left to decide whether the remaining 167 death row inmates should live or die. This details the gripping drama of the clemency hearings during the countdown to Ryan's decision. Documented as the events unfolded, this is a compelling look inside America's prisons, highlighting one man's unlikely and historic actions against the system. The first Monday in October [videorecording]: a mock Supreme Court argument: effective assistance of counsel: must an attorney advise a client about immigration consequences? : Padilla v. Kentucky / the Office of the Appellate Defender presents - Miller, Henry G. Call Number: KF8915 .F57 2009 Video "No. 09-123, in the mock Supreme Court of the United States, October term, 2009, Jose Padilla, petitioner, v. State of Kentucky, respondent, OAD journal, 2009, Henry G. Miller as counsel for petitioner, Mark F. Pomerantz as Solicitor General of Kentucky"--Program cover. "On October 5, 2009, OAD hosted the sixteenth annual First Monday in October, at New York University School of Law. This year's program was based on Commonwealth v. Padilla, 253 S.W.3d 482 (Ky. 2008), cert. granted sub nom Padilla v. Kentucky, 129 S.Ct. 1317 (Feb. 23, 2009), which raises the important and timely question of whether an attorney who provides manifestly erroneous information to his non-citizen client concerning the immigration consequences of a guilty plea may be found to have provided ineffective assistance of counsel. The case also raises the broader question of whether, and to what degree, attorneys should be required to advise clients regarding the collateral consequences of a guilty plea. (The actual case of Commonwealth v. Padilla was argued in the Supreme Court on October 17, 2009.)" 9 5. The "Rodney King" case [videorecording]: what the jury saw in CA v. Powell - Graham, Fred P. Call Number: KF224 .K5R6 1992 Video Presents the key portions of both the prosecution and defense cases. Condenses 150 hours of gavel-to-gavel coverage and includes the 81 second amateur videotape which recorded the events that occurred during the evening of March 3, 1991. 6. State vs. Swan [videorecording]: testifying in a criminal child sexual abuse trial / a production of the Center for Training in Child Welfare and the Law, School of Social Work, Rutgers University. - Rutgers University. Center for Training in Child Welfare and the Law. Call Number: MEDIA VT4676 AV LIB Covers child abuse criminal proceedings from the opening statement to the jury through testimony, cross examination, re-direct, re-cross and rulings. 7. Forensic files [videorecording] Call Number: MEDIA DV1084 AV LIB 8. Death penalty on trial [videorecording] / produced by Kurtis Productions, Ltd. for A & E Network; executive producer, Bill Kurtis; producer, Sharon Barrett. - Kurtis, Bill. Call Number: MEDIA DV2219 AV LIB 9. Originally produced as 12 episodes of the television program Forensic files 2002-2004. Special features: case summaries; crime scene photos; behind-the-scenes footage; interactive forensics lab; forensics quiz; forensics techniques; DNA featurette; theatrical trailer. This 2 volume gift boxed set is for true-crime buffs who love the engrossing blend of detail, mystery and investigation. Follow coroners, physicians, law enforcement personnel, the press and legal experts as they seek solutions to puzzling cases. Videodisc release of a program originally broadcast in 2001 on the television program Investigative Reports. Is the United States' system of justice the best system in the world? With the advent of DNA testing this supposition has proven not to be true. This is an Investigative Report on the incidence of discrimination in the criminal justice system, especially in the death penalty system. Serial killers [videorecording]: profiling the criminal mind / A&E Network; writer/producer, Jeff Tarkington. - Tarkington, Jeff. Call Number: MEDIA DV0078 AV LIB The Criminal profiler, Jeffery Dahmer and John Wayne Gacy originally aired as episodes of: Investigative reports. Charles Manson originally aired as an episode of Biography entitled: Charles Manson: journey into evil. An electrifying journey into the unexplored territory of our culture's dark side, and get an up-close and powerfully personal perspective on some of the most savage serial killers in the history of law enforcement. 10. The long riders [videorecording] Call Number: MEDIA DV1111 AV LIB Four theatrical families of the 1980's recreate the most wanted criminal families of the 1860's. This portrayal of the Jesse James gang is a rapidfire succession of thrilling moments -- the bandits' lightning attacks on banks, trains and stagecoaches ; their hairbreadth escapes from the law ; Jesse's jubilant wedding celebration; and the tragic Great Northfield, Minnesota raid. Roscoe Pound-American Trial Lawyers Foundation Videos 1. The Robbery [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 52 10 2. Pre-Miranda interrogation [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 54 3. Shows the adult suspect's first appearance before the magistrate. Includes the examination of the officers to determine whether a prima facie case exists. Pretrial preparations and motions [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 59 9. Shows the interrogation of the juvenile robbery suspect and the search of his school locker and residence. Preliminary examination [videorecording] - Roscoe Pound-American Trial Lawyers Foundation. Call Number: VT 58 8. Shows policemen questioning the adult suspect in a manner consistent with recent court decisions regarding the rights of criminal suspects. Search and questioning of juvenile offender [videorecording] - Roscoe Pound-American Trial Lawyers Call Number: VT 56 7. Shows police officers seeking and obtaining a warrant from the magistrate to search the premises of the adult robbery suspect. Miranda interrogation [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 55 6. Describes procedures of police identification of a suspect and the arrest. Search warrant [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 57 5. Shows the adult suspect being questioned in a manner indicating potential police abuses. Includes search of the impounded automobile. The Arrest [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 53 4. Deals with various aspects of a criminal lawsuit involving a liquor store robbery case. Shows the robbery by an adult and a juvenile offender. Shows the arraignment of the adult suspect and presents the hearing on the motion to suppress the alleged confessions Impaneling the jury [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 60 Shows the voirdire conducted by the court. 10. Commencing proof including opening statements and examination of initial witnesses [videorecording] Roscoe Pound-Trial Lawyers Foundation Call Number: VT 61 Illustrates the techniques of both counsels in early trial stages with examination and crossexamination of a "tainted witness." 11 11. Juvenile prosecution from beginning to end [videorecording] - Roscoe Pound-American Trial Lawyers Call Number: VT 67 Presents the court hearing and sentencing of the juvenile offender. 12. Expert witness examination, including direct and cross-examination of two experts [videorecording] Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 62 Shows the direct and cross-examination of two expert witnesses. 13. The Sentence [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 64 Shows counsel participating in the sentencing procedure. 14. Summation [videorecording] - Roscoe Pound-American Trial Lawyers Foundation Call Number: VT 63 Includes extracts of the summation by each counsel, the retirement by the jury for deliberation, and the verdict. Fictional videos 1. Suspect Call Number: PN1995.9 .D4S87 1988 Video 2. The proposition Call Number: MEDIA DV1607 AV LIB 3. Charlie Burns is presented with an impossible proposition by local law enforcement. The only way for him to save his younger brother from the gallows is to dismiss his moral judgment and kill his psychotic older brother within nine days. The friends of Eddie Coyle Call Number: MEDIA DV3095 AV LIB 4. A Supreme Court justice takes his own life. A woman is found dead--the victim of a grisly murder. A homeless Vietnam vet stands accused. Kathleen Riley is an overworked Washington, D.C. public defender who needs a vacation. Instead, she is assigned another case. But this is no ordinary crime, with no ordinary criminal. Lobbyist Eddie Sanger gets saddled with jury duty just when a critical bill is coming up for vote. While on jury duty, Eddie discovers evidence critical to Kathleen's case and contacts her outside the courtroom--a violation of the law. Bizarre evidence leads Kathleen on a dangerous trail from Washington's seamy underbelly to the highest levels of government. World-weary and living hand to mouth, small-time gunrunner Eddie 'Fingers' Coyle (Mitchum) works on the sidelines of the seedy Boston underworld. But when he finds himself facing a second stretch of hard time, he's forced to weigh loyalty to his criminal colleagues against snitching to stay free. Criminal law Call Number: PN1995.9 .T75C75 1998 Video In this courtroom drama, advocate Ben Chase discredits a key witness by sheer force of his personality, and then outwits prosecutors with a cunning defense. Little does Chase suspect, when he secures freedom for killer Martin Thiel, that he will become embroiled in a cycle of violence. The young defense attorney confronts his own dark side, while grappling with the 12 motives of a particularly heinous criminal. What he learns about his own potential for violence is a chilling testament to the fine line separating civilized behavior from the naked emotion in all of us. 5. 12 angry men Call Number: MEDIA DV2914 AV LIB Tempers rise as a jury of middle-aged men find themselves unable to sway a single member of their group to the majority opinion. Confronted with a seemingly clear-cut case, bolstered by opinions and assumptions, but with no verdict in sight the group threatens to become deadlocked. Will the 12th juror, stubbornly be convinced of a young defendant’s innocence, be able to sway the entire group to his viewpoint, or will the group ultimately force the holdout to forego his concerns, potentially ignoring truth in a rush to judgment? Criminal Law Online Resources 1. Legal Information Institute- criminal law and procedure | LII / Legal Information Institute This link provides an alphabetical list of criminal law terms. After you chose a term, there will be tabs under the term to choose from. The overview tab will provide the definition along with links to other similar topics and some will provide a few case links that have dealt with this topic. The in-case law tab will go more in depth on how one or more of the cases used this term. The resources tab will list a menu of sources from different categories such as, U.S. Constitution and federal statutes, federal court rules, U.S. Supreme Court decisions, key internet sources and other topics. 2. NOLO- Legal Solutions for you, your family and your business- Criminal Law - Free Law Resources - Nolo In this link’s criminal law section, it provides articles for the following subcategories: Crimes-In depth, Steps in a Criminal Case: Arrest to Sentencing, Proof and Defense in Criminal cases, Rights of Suspects and Defendants, The Juvenile Justice system, and Expungement and Criminal Records. The articles provide legal definitions and examples. Some sections also have questions and answers on the topic. It also provides legal updates to the latest versions of books and software when major legal or practical changes occur. It provides a link to the list of updated products. Under this section, it lists books for sale; these books also provide some free chapters. This site also tells you how to find a lawyer in a certain area. Also, under the Legal Research tab, it has frequently asked questions and basic info. Under the free books tab, there are books available to read online for free. It also has information on other areas of law. 3. Findlaw for Legal Professionals- FindLaw: Cases and Codes This link is a good way to search for cases, codes or statutes if you do not have access to Lexis Nexis or Westlaw for the summer or after graduation. It also provides a way to search resources by states. It also provides a search engine for jobs and careers. 4. Innocence Project- http://www.innocenceproject.org/news/Links.php The Innocence Project helps wrongly convicted defendants to be exonerated through proving trial errors were committed when the defendant was convicted. They are proving this through DNA and Forensic Science testing, misidentification by victim or eyewitnesses. It provides information on the defendants who have been exonerated. It has applications for someone to submit about a case for them to look into. It provides access to their monthly newsletters. 5. Jailhouse Lawyer's Manual A Jailhouse Lawyer's Manual The website provides information for those who are not attorneys and not informed about the law to learn about the law and know of their choices. It possesses information of alternatives to being in jail such as temporary release programs, conditional and early release programs, and parole. The Jailhouse Lawyer’s Handbook 13 This Handbook is a resource for prisoners who wish to file a Section 1983 lawsuit in federal court regarding poor conditions in prison and / or abuse by prison staff. It also contains limited information about legal research and the American legal system. 6. FBI Arrest Disposition Submission FBI — Arrest Disposition Submission This website provides information on submitting Arrest Dispositions. It also includes submission formats, MRD requirements, required information for report, and court expungement. 7. FBI Resources http://www.fbi.gov/stats-services/fbi-resources/ The website provides access to the most requested forms. It also has resources for specific audiences such as researchers/students, crime victims and parents. It includes a link to crime statistics which looks at many different crimes such as Hate Crimes, Officers Killed and Assaulted, Financial Crimes, Terrorism and Crimes in U.S. It also includes who may seek a criminal background check and the steps to getting one. Other links provided are Criminal Justice Information services, name checks, sex offender registry, and laboratory services. 8. The State of the U.S. on Correctional System The State of the USA | One in 31 Adults in U.S. Corrections System; Overall Population Growth Slows This website includes statistics for those in the U.S. in prison, jail, or probation and how the numbers have changed in recent decades. It includes charts from different years to show these numbers. 9. National Center for State Courts http://www.ncsc.org/ This website includes four tabs that are information and resources, service and experts, education and careers, and conference and events. The Information and resources tab allows one to browse by topic A-Z, by category, or by state. There is a criminal section when browsing by category. The service and expert tab includes area of expertise such as Children, Families, & Elders, Court Statistics, Emergency Preparedness & Court Security and Sentencing & Probation. This tab also includes Government Relations section that includes areas such as Criminal Adult, Domestic Violence, and Juvenile Justice. These subareas then tell what the issues are and if a decision has been made on the issue. 10. National Archive of Criminal Justice Data http://www.icpsr.umich.edu/NACJD/homicide/ This website includes data resource guides on various topics such as homicide, law enforcement management and administrative statistics, national crime victimization survey, national juvenile corrections data, and violence against women. This Homicide Data Resource Guide was designed by the National Archive of Criminal Justice Data (NACJD) staff to provide easy access to data collections related to homicide. For instance, it provides quick links to certain types of homicide studies and links to studies available for online data analysis. This resource guide also provides useful information for secondary analysis of NACJD data collections, such as customized help for complex data collections, information on how to obtain restricted access data, and links to funding opportunities and publications. This Violence Against Women (VAW) Resource Guide provides useful information for the secondary analysis of these data collections, such as customized help pages for complex data collections, information about how to obtain restricted access data, and links to funding opportunities and publications. This website also provides search engine for data holding, related literature and website. 11. Bureau of Justice Statistics Bureau of Justice Statistics (BJS) - Related Links: Courts and Sentencing This website under the victim tab provides statistics on the crime event such as time of occurrence, place of occurrence, distance from home, injury and medical care, time lost from work, amount of economic loss, recovery of losses, and weapon use. It also has links to related articles. There also statistics provided on the following topics: victim characteristics, crime characteristics and trends, victims and offenders, reporting crimes to police and special topics. The Special Topics include: intimate partner violence, identity theft, stalking and school crime. It also has statistics and related publications on 14 different crime types such as violent crime, property crime, drugs and crime, weapon use by offense type, and location. It also has a tab about courts and sentencing, which provides statistics for percentage of felons convicted in state court and sentenced to incarceration and non-incarceration. This website also provides key facts, data collections, data analysis tools, terms and definitions, frequently asked questions related links, and publications and products, which all are available on numerous topics. 12. Death Penalty Information Center Death Penalty Information Center The Web site of the non-profit Death Penalty Information Center provides news, reports, fact sheets and other information about issues related to capital punishment. Topics covered include costs associated with the death penalty, clemency, the execution of juveniles, mental illness and mental retardation, victims, and more. This website provides statistics for the states who do have a death penalty of how many are on death row, how many have been executed since 1976, how many have been found innocent since 1973, execution by region, race of death row inmates, methods used for execution since 1976, public opinion, and financial facts about the death penalty. It also provides access to resources on many of these issues. Forms - Lawyers spend much of their time drafting legal documents. Many different form books have been published to assist lawyers with document drafting. Form books are valuable as a starting point, but must be carefully tailored to meet individual needs. Specific court requirements must also be complied with. It is up to you to determine which form to use. Form books may be divided into two main categories: substantive (such as business documents, leases, contracts, and wills); and procedural (forms intended for court proceedings, such as complaints, answers, and counterclaims). Locating Legal Forms To locate legal forms, make sure you know the basics about your situation (e.g., what you want the form to accomplish and what laws apply). Consider the type of form you need (e.g., a pleading form or a model contract). Decide which form book would be best. Locate that form book in the law library. Find the appropriate form within the appropriate volume. Check for updates. And modify the form, as needed, to comply with the laws and procedures of your jurisdiction. Procedural Form Books Some of the major procedural form books are American Jurisprudence Pleading and Practice Forms Annotated, Federal Procedural Forms, Lawyers Edition, and Nichols Cyclopedia of Federal Procedure Forms. Procedural form books are intended for use in court proceedings. The format for pleadings is closely regulated by individual courts. Court rules for each particular state specify content and format requirements. 1. Complete Manual of Criminal Forms 3rd edition, authors: F. Lee Bailey and Kenneth J. Fishman Call Number: KF 9616.B3 1993, located on the middle floor. The book helps with all stages of a criminal case. Volume 1 Part 1 has templates of forms used in Pre-indictment proceedings including the following topics but not limited to: competency, insanity defense, complaint and arrest. Part 2 has templates of forms used during Indictments including the following topics but not limited to: Grand jury motions, Motions to strike and amend indictment, and Motions to dismiss. Part 3 has templates of forms used during Discovery including the following topics but not limited to: Production of books, records and tangible objects, Preservation of Evidence, Disclosure of informants. Volume 2 15 Part 4 has templates of forms used for Suppression of Evidence including the following but not limited to: Suppression of Physical evidence and Suppression of Identification evidence. Part 5 has templates of forms for Motions in Limine including the following but not limited to: Polygraph evidence, Conspiracies and co-conspirators statements, and Exclusion of other bad acts of evidence. Part 6 has templates of forms for Witnesses including the following but not limited to: Polygraphing Witnesses, Psychiatric Examination of witnesses, and Production of Witnesses by Subpoena and other methods. Part 7 has templates of forms for Venue and Removal including the following chapters: Venue and Removal proceedings. Part 8 has templates of forms for Severance and Bifurcation including the following but not limited to: Severance of defendants, Proceedings relating to Juveniles, and Continuances and adjournments. Part 9 has templates of forms for Pleas including the following chapters: Change of Plea and Plea Agreements and Withdrawal of Plea. Part 10 has templates of forms for Voir Dire and Motions related to Jury Selection including the following but not limited to: Introductory questions, Questions regarding evidentiary matters, and Questions regarding prior Knowledge or Opinion. Volume 3 Part 11 has templates of forms for Written Motions at Trial including the following but not limited to: Waiver of trial by jury, Withdrawal of Counsel, and Protective orders. Part 12 has templates of forms for Oral Motions at Trial including the following but not limited to: Judge Disqualification, Evidentiary Motions and Objections, Procedural Motions, and Mistrial Motions. Part 13 has templates of forms for Charging and Sequestering Jury including the following but not limited to: Introduction and Motions relating to Requested Instructions, Defenses, Charge to the Jury, and Concluding Instructions. Part 14 has templates of forms for Presentencing and Sentencing Matters including the following but not limited to: Sentencing, Presentence proceedings and Reports, and State Motions for judgment of Acquittal, Arrest of Judgment and New Trial. Part 15 has templates of forms for Appeals including the following but not limited to: Requests for Relief Pending Appeal to Trial Court and Notice of Appeal for Writ of Certiorari. Part 16 has templates of forms for Post Conviction Relief including the following but not limited to: Writ of Habeas Corpus, and Pardons, Communication and Sealing of Records. Part 17 has templates of forms for Other Rights and Proceedings including the following but not limited to: Extradition, Forfeitures of Real and Personal Property, Matters Related to Incarcerated Defendants, and Forfeitures of Attorney’s Fees. 2. American jurisprudence Pleading and Practice forms annotated: State and federal. Call Number: KF 8836.A542, located on the middle floor. This book focuses on pleadings and related documents (both state and federal) related to court proceedings. Volume 7D o The volume provides many forms for Criminal Procedure in many of the same areas as the above mentioned source. 16 Volume 18 o This volume provides many sample forms of Motion and Supporting Documents similar to some of the forms found in the Complete Manual of Criminal Forms. 3. West’s Federal Forms: District Courts- Criminal Call Number: KF8836.W48 Volume 5, located on middle floor This companion set to Federal Practice and Procedure provides extensive federal procedural forms, with commentary, arranged by type of proceeding and the particular court to which they pertain. For use in handling civil and criminal cases in the various federal courts, these forms cover U.S. Supreme Court, Court of Appeals, and Civil and Criminal District Courts; addressing bankruptcy and admiralty proceedings in separate units. Delivers an accurate, reliable drafting framework, including forms developed by the Administrative Office of the United States Courts, bankruptcy court judges, clerks, and United States trustees. Includes detailed index, and tables of statutes and court rules. 4. Federal Procedural Forms Lawyers Edition: Civil Criminal Administrative Call Number: KF8836.F4, located on middle floor Volume 7 and 7A provide criminal forms on similar subjects as the previously mentioned form books. 5. Moore's Federal Practice, Author: James Wm. Moore Call Number: KF8837 .M662 1997, located on the middle floor of the Law Library In the index, under the term official forms it provides many forms in the volume series. 6. Bender's Federal Practice Forms, Authors: Louis R. Frumer & Marvin Waxner Call Number: KF8836 .B452, located on middle floor of Law Library Volume 16 deal with Rules of Criminal Procedure. Volume 17 deals with Rules of Criminal Procedure and Post-Remedy Convictions. West Virginia Online Materials 1. West Virginia Criminal Jury Instructions, Sixth edition http://www.wvpds.org/Jury%20Instructions/Jury%20Instruction%206.pdf This website lists the West Virginia jury instructions for every criminal law crime. 2. West Virginia Rules of Criminal Procedure WV Rules of Criminal Procedure 3. West Virginia Supreme Court of Appeals Supreme Court of Appeals of West Virginia This website provides an overview of the WV Courts. It provides links to Supreme Court Opinions, Self-help Center, Court Rules and Forms, Abuse and Neglect bench book and Domestic violence bench book. 4. West Virginia State Bar Young Lawyer Section http://www.wvyounglawyers.com/ This website provides a practice handbook which is downloadable and includes many areas of law and types of forms. The handbook has a section on Defending criminal case which provides information for beginners in criminal law. 5. West Virginia College of Law Clinical Program http://www.law.wvu.edu/academics/clinical_law_program 17 This website provides an overview of what services are available for the public through the College of Law Clinic. It includes how the public can apply for help and what the students will do to help those who qualify. The services are offered for public citizens who cannot afford an attorney. 6. West Virginia Public Defender Services http://www.wvpds.org/ The website has a Criminal Law Research center that includes Criminal Law digest, Sample Motions under Motion file, West Virginia Criminal Jury Instruction, West Virginia Sexually Violent Predator Task Force Report, and Newsletters. 7. West Virginia Legislature http://www.legis.state.wv.us/ This website contains information about the Senate and the House. It also includes the WV Code, WV Constitution, US Constitution, and Magistrate Rules. The WV Codes that pertain to Criminal Law include: Chapter 62. Criminal Procedure, Chapter 61. Crimes and their punishment, Chapter 57. Evidence and Witnesses. 8. West Virginia Legal Aid Legal Aid of West Virginia -- Seeking Justice, Changing Lives Legal Aid of West Virginia provides mainly civil help but does advocate for Children, which can sometimes be criminal. Under the Children's Advocacy tab, it explains the FAST Program's purpose which is to develop a statewide parent-to-parent and youth support network that will empower families to participate in planning, management, and evaluation of their child’s treatment. It also identifies the criteria to be eligible for services. It provides contact information and upcoming trainings and events. It also provides a form to sign up to volunteer and links to useful websites. 9. West Virginia Senior Legal Aid West Virginia Senior Legal Aid, Inc. WVSLA is a non-profit organization that provides free civil legal services to needy West Virginians age 60 and older. Under the Legal FAQ in the Main Menu sections on the left hand side of the screen, this website includes legal FAQ by seniors in West Virginia in a book called The Purple Book. The Purple book is intended to offer general legal information and guidance, not specific legal advice. This website provides access to all the topics included in the book. West Virginia Print Materials 1. Handbook on Evidence for West Virginia Lawyers, Fourth edition, author: Franklin D. Cleckley, Call Number: KFW 1740. C57 2000, located on Top Floor in West Virginia Section This new edition contains a completely updated analysis of the Law of Evidence as it affects West Virginia lawyers. This Handbook seeks to provide lawyers, judges, and students with the law of evidence pertaining to gathering and presenting evidence properly, making and resisting objections, and recognizing errors in the admission or rejection of evidence for appellate purposes. It offers trial counsel and trial judges a short and concise resume of the law of evidence. There is both an effort to discuss the basic principles of the law of evidence and also a detailed study of the rules governing the introduction of evidence during a trial. 2. West’s Annotated Code of West Virginia Call Number: KFW 1230. W4W44 2002, located on Top Floor in West Virginia Section Provides a comprehensive research tool offering instant access to West Virginia statutes. Additional beneficial features include: Session Law History, Historical and Statutory Notes, Uniform Laws and Official Comments, and Cross References (including ALR®, AmJur®, and Key Numbers contained within the American Digest System®). Also includes Administrative Code References, Law Review and Journal Commentaries, Library References leading to West's Key Number System®, USCA® references, U.S. Supreme Court references, Attorney General Opinion Notes, and the Notes of Decisions from West's® National Reporter System® 3. Michie’s West Virginia Code Annotated 18 Call Number: KFW 1230. A4W4, located on Top Floor in West Virginia Section This set has fully annotated cumulative supplements published annually within 90 days of receipt all acts from the legislature, annotations based on:* All West Virginia cases and federal cases arising in West Virginia* State law reviews* Attorney General Opinions, all case citations Shepardized® for accuracy and advance Code Service published three times a year, providing annotations to the most current case law. 4. Handbook on West Virginia Criminal Procedure, Author: Frank D. Cleckley Call Number: KFW1775 .C57 1993, located on reserve at circulation and on the bottom floor of the Law Library It covers all relevant decisions of the U.S. Supreme Court, the U.S. Court of Appeals for the Fourth Circuit, and the West Virginia Supreme Court of Appeals, the Handbook on West Virginia Criminal Procedure, Second Edition offers the practitioner a complete sourcebook that explains criminal procedure, standards, and principles. It also has supplements with the same call number that provides the updates on the law. 5. Trial Handbook for West Virginia Lawyers, Author: Stephen P. Meyer Call Number: KFW1738 .M49 1992 c.2, located on the top floor of the Law Library in the WV Section This book contains information on all parts of the trial process. This book also has a 2009-2010 supplement to the original text which includes updates and amendments to the law on all parts of the trial process, which will be located on the same shelf with the same call number. 6. West Virginia Practice Handbook, 6th Edition, Volume 1 2004, Author: WV State Bar Young Lawyers Section Call Number: KFW1730 .W47 2004 v. 1 This book is located on reserve at the circulation desk of the Law Library. Chapter 11 provides information on Criminal Law and Procedure. It includes a beginner's guide to defending criminal cases in WV state court created by a Kanawha County Public Defender. 7. Commonwealth's West Virginia Rules Manual, Volume 2 and 3 Call Number: KFW1729 .C734, located on reserve at the circulation desk in the Law Library Volume 2 provides information on Criminal Procedure, and Volume 3 provides information on evidence. These books are regularly updated. Volume 2 and 3 include the rules, its history, statutory notes, citations, and construction. CASE LAW Four recommended methods for identifying cases. 1. KeyCite (Westlaw) and Shepardize (Lexis) known cases Both KeyCite and Shepard's allow you to focus on the headnotes that are of most interest to you. 2. Search by Key Number This is a very productive way of finding good cases. This will require you to identify the relevant Key Number(s) for your issue. To identify the proper Key Number for the issue you are trying to research, look at the headnotes of the relevant cases you already have and: Pick out the headnotes that best describe your issue. From those selected headnotes, look at the Key Numbers assigned to them. For criminal law, Key Numbers will usually (but not always) begin with 110k, which is the topic number for Criminal Law, and the "k" will be followed by the Key Number, e.g. 110k47 Criminal Law - Capacity to Commit and Responsibility for Crime - Insanity. Click on the Key Number. Select your jurisdiction. 19 Add relevant search terms in the box. Note that Westlaw is just searching the headnotes (not the full text of the case) for the terms you enter. The results of this search will be headnotes from cases. If after reading a headnote you want to see the full case, just click on the name of the case. 3. Keyword Searching You can also keyword search caselaw databases on Westlaw. This is the least effective way to find cases because it depends on matching your search terms precisely with the terms used in the court decision, which is akin to "a stab in the dark." If you absolutely have to conduct a keyword search, here are some pointers that will make your search more productive: Consider searching only the synopsis and digest portions of the case for your terms. This often proves to be more productive than searching the entire text, because it focuses your search only on the major issues of the case as described in the headnotes. A search of this type looks like this: SY, DI ("confrontation clause") and da(aft 5/2004) If you are dealing with courts' interpretation of a particular statute, rule, or sentencing guideline, search for citations to that primary source in either the synopsis or digest fields (see above) of the case. For example, if the statute on point is 28 U.S.C. 2254, try the following search: o SY, DI (28 /5 2254) & da(aft 5/2004), OR o 2254 /p "habeas corpus" & da(aft 5/2004) Note that if you add additional relevant terms, as in the second search, you can usually get away with just using the section number rather than the full citation. This is often a good idea, since, in the text of the case, the statute may not be cited in full, or may not be in proper Bluebook form. One way to combine the Topic and Key Number system with keyword searching is to search a full-text case law database using the Topic and Key Number from a known case. For example, search in the California state and federal case law database (CA-CS-ALL) and type: TO(110K577.10(1)) & "SPEEDY TRIAL" 4. Secondary Sources Annual Review of Criminal Procedure (2003-present), K7 .E51[86]. Provides an annual update of cases as well as criminal law provisions, with copious references to cases, laws and rules. o Available in print, previously published as part of the Georgetown Law Journal[87]. o Also available on Lexis: GEOACP[88] Charles Alan Wright, Federal Practice and Procedure (1998-; updated with pocket parts), KF9619 .W7 1998[89]. o A multi-volume set that includes coverage of the Federal Rules of Criminal Procedure. It provides extensive rule-by-rule discussion, with copious references to cases and other materials. o Also available on Westlaw: FPP[90] There is a Criminal sub-database: FPP-CRIM[91] James Wm. Moore, et al. ed., Moore's Federal Practice ( 1997-; loose-leaf for updating), KF8820 .A313 M63 1997[92]. o A Multi-volume loose-leaf set revised annually. It also provides a rule-by-rule analysis of Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and the Federal Rules of Evidence, as well as Supreme Court practice. It is worth noting that West has been publishing the Federal Rules Decisions (cited as F.R.D.) since 1940 to include texts of U.S. District Court decisions that construe the Federal Rules of Civil Procedure as well as the Federal Rules of Criminal Procedure. These cases also appear in the Federal Supplement (F. Supp.). F.R.D., however, also includes relevant articles, speeches, and the proceedings of judicial conferences. Available at: 20 KF 8830 .F5[93] (1940-present) Westlaw: FRD[94] (Federal Rules Decisions); FRD-RULES[95] (Federal Rules Decisions Rules); FRDART[96] (Federal Rules Decisions Articles); FRD-CS[97] (Federal Rules Decisions Cases) 21