The study and research of criminal procedure centers on the constitutional limitations imposed upon the Federal and State governments in the investigation and prosecution of crimes. Specifically, court (often U.S. Supreme Court) interpretation of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the U.S. Constitution set the standards of criminal procedure. In addition to the standards shaped by constitutional interpretation, non-constitutional enactments such as the Federal Rules of Criminal Procedure and state rules of criminal procedure (Florida Rules of Criminal Procedure) also outline standards that control criminal investigations and prosecutions.
In sum, criminal research will focus research of relevant enacted criminal procedure rules, relevant criminal procedure statutes and on constitutional case law research. The following guide will highlight the major sources need to conduct research in criminal procedure. This research guide is a selective overview of print resources in the Law Library and is not comprehensive. Most resources listed, and more not listed here, are available online or through subscription databases.
Last Updated Jan. 2016 A.J.B.; Rev. June 2013. V.T.; Created June 2006. D.H.
For those unfamiliar with Children and the Law, a secondary source is a good way to get started. A general introduction to the field can be found in American Jurisprudence, Corpus Juris Secundum, and Florida Jur 2d, under the topic, "Federal Rules of Criminal Procedure," or “Criminal Procedure.” Also, consider consulting a preeminent treatise such as:
- Criminal Procedure, 4th Ed., 7 vols., by Wayne R. LaFave, Jerold H. Israel, Nancy J. King, & Orin S. Kerr (2015). Westlaw. Organized by topic, tracking the typical chronological order of a criminal investigation and prosecution. It addresses constitutional limitations, federal criminal procedure, and a significant amount of state criminal procedure, with limited focus on state rules. Receives regular updates.
- Federal Practice and Procedure (also called Wright & Miller), 4th Ed., by Charles Alan Wright, (1969-current). Westlaw. Organized according to the Federal Rules of Criminal Procedure, in volumes 1-3D. Each rule is printed followed by an extended commentary and explanation of the rule. This set contains many case law citations in the footnotes. Receives regular updates.
- Moore’s Federal Practice, 3rd Ed., by James W. Moore, (1997-current). LexisNexis. Organized according to the Federal Rules of Criminal Procedure, in volumes 24-28. Each chapter of the treatise covers a separate rule. The footnotes reference case law for each issue. Receives regular updates.
- Florida Criminal Practice and Procedure, 3rd Ed., 2 vols., by Jenifer M. Davis, (2014-current). LexisNexis. Step-by-step guidance on procedural issues and topics relevant to Florida criminal practice and providing references to other resources. Includes checklists and forms, references to related cases and analytical content, and guidance from a consultative board of Florida practitioners and judges.
The U.S.C. and U.S.C.A. both list criminal procedure rules in their General Indexes with the term "Rules of Criminal Procedure" or “Crimes and Offenses.” The U.S.C.S. lists criminal procedure rules under “Crimes and Criminal Procedure” in its General Index. Federal Rules of Criminal Procedure are printed in the following collections:
- United States Code, 18 U.S.C. §§ 3001-4000. Legal Information Institute & USA.gov.
- United States Code Annotated, 18 U.S.C.A. §§ 3001-4000. Westlaw.
- United States Code Service, 18 U.S.C.S. §§ 3001-4000. LexisNexis.
- Federal Rules: Criminal Procedure, Evidence, Appellate Procedure. Title 18 U.S. Code, Crimes and Criminal Procedure; with Consolidated Index (1984).
For additional information, approved amendments to the Rules of Criminal Procedure are available online: Amendments Approved by the Rules Committees - Pending Judicial Conference Review and Amendments Adopted by the Supreme Court Pending Congressional Review, United States Courts.
Florida Rules of Criminal Procedure are printed in:
- Fla. Stat. §§ 900-999 (2015). Florida Online Sunshine.
- Fla. Stat. Ann. § 900-999 (West 2015). West Florida Statutes Annotated
- Fla. Stat. Ann. § 900-999 (LexisNexis 2015). Lexis Florida Statutes Annotated
- West’s Florida Criminal Laws and Rules, also available on the Florida State Legislature Website.
- Florida Rules of Court - State, a one-volume book that contains the text of the Florida Rules of Criminal Procedure. It includes forms and sentencing guidelines but individual rules are not annotated.
As stated above, the best way to locate case law relevant to criminal procedure is to use secondary resources. Most criminal procedure treatises, hornbooks and commercial outlines will provide citations to the relevant cases. The second best way is to check the annotations to the Federal Rules of Criminal Procedure from the U.S.C.A. (Core A Collection & Westlaw) or the U.S.C.S. (Core A Collection & LexisNexis). Look up the relevant rule. In the U.S.C.A. check the “Notes of Decision,” in the annotations. In the U.S.C.S. check the “Interpretive Notes and Decisions.” To conduct research from scratch use a digest or index such as:
- West’s Federal Practice Digest, mult. vols., (5th ed., 2013).
- United States Supreme Court Digest, 22 vols., (2013).
- United States Supreme Court Digest, Lawyers’ Edition, (aka Digest of United States Supreme Court Reports, Lawyers’ Edition).
- West’s Federal Rules Decisions: Opinions, Decisions and Rulings Involving the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure, (2015). Westlaw.
Practice & Current Awareness
- Federal Procedure Rules Service: Federal Court Procedural Guide and Checklist, 2 vols., (2015-16).
- Federal Criminal Appeals, 2 vol., by Lissa Griffin, (2015). Westlaw.
- Criminal Procedure in Practice, by Paul Marcus, Melanie D. Wilson, & Jack B. Zimmermann, (4th ed., 2014).
- Street Legal: a Guide to Pre-Trial Criminal Procedure for Police, Prosecutors, and Defenders, by Ken Wallentine, A.B.A. Criminal Justice Section (2007).
- Criminal Practice Manual, (2004). Westlaw.
- Criminal Procedure Handbook
- Criminal Procedure Checklists, Fifth Amendment & Sixth Amendment
- Litigation: Criminal Procedure Form Finder
The following journals are all held by the library and located in the Anglo-American Periodicals section, shelved alphabetically, by title. To find these titles at the library, go to our catalog Baron. Many of these journals are also available on Westlaw, LexisNexis, HeinOnline, or Online.
- American Journal of Criminal Law, University of Texas at Austin Law School, 1972-2014.
- Annual Review of Criminal Procedure (formerly Georgetown Law Journal), 2003-15.
- Criminal Defense, National College of Criminal Defense Lawyers and Public Defenders, 1973-82.
- Criminal Justice, A.B.A. Section of Criminal Justice, 1986-current.
- Criminal Justice Review, College of Health and Human Services, 1976-2009.
- Criminal Law Bulletin, Warren Gorham & Lamont, 1965-current.
- Criminal Law Quarterly, 1958-2014.
- Prosecutor: Journal of the National District Attorneys’ Association, 1967-2012.
Florida Secondary Sources
- Florida Criminal Procedure, vol. 22, by Michael E. Allen, (2015). Westlaw. Part of West’s Florida Practice Series. Contains commentary with Rules
- Florida Rules of Judicial Administration: Florida Rules of Criminal Procedure; Florida Rules of Traffic Court; Florida Rules of Appellate Procedure, Florida Bar Continuing Legal Education, (2015). LexisNexis.
- Florida Rules of Judicial Administration; Florida Rules of Juvenile Procedure, FLCLE, (2015). LexisNexis.
- Florida Criminal Trial Procedure (formerly Hirsch’s Florida Criminal Trial Procedure), 2 vols., 5th Ed., by Clayton Kaeiser, (2002).
International Secondary Sources
- International Criminal Procedure: the Interface of Civil Law and Common Law Legal Systems, by Linda Carter & Fausto Pocar, (2013).
- International Criminal Procedure, by Christoph Safferling, (2012).
- International Criminal Procedure, by Gideon Boas, (2011).
Selected Books from the UM Law Library
- Acing Criminal Procedure: a Checklist Approach to Solving Procedural Problems, 5th Ed., by Leslie W. Abramson & Frost Brown Todd, (2016).
- Criminal Procedure: the Constitution and the Police, 8th Ed., by Robert M. Bloom & Mark S. Brodin, (2016).
- Criminal Procedure, 4th Ed., by Wayne R. LaFave, Jerold H. Israel, Nancy J. King, & Orin S. Kerr, (2015). Summarizes criminal procedure in more detail than most commercial outlines, but remains only one volume. Footnotes contain extensive case law citations.
- Mastering Criminal Procedure, 2nd Ed., 2 vols., by Peter J. Henning, Andrew Taslitz, Margaret L. Paris, Cynthia E. Jones, Ellen S. Podgor, & Gary R. Trombley, (2015).
- Criminal Procedure: Constitutional Limitations in a Nutshell, 8th Ed., by Jerold H. Israel, (2014). Summarizes the law of criminal procedure, focusing on constitutional issues. Case law citations contained in the text.
- Glannon Guide to Criminal Procedure: Learning Criminal Procedure Through Multiple-Choice Questions and Analysis, 2nd Ed., by John Kip Cornwell, (2013).
- Investigative Criminal Procedure: a Contemporary Approach, 2nd Ed., by Sam Kamin & Ricardo J. Bascuas,(2013).
- Understanding Criminal Procedure, 6th Ed., by Joshua Dressler & Alan C. Michaels, (2013).
- Investigative Criminal Procedure: a Contemporary Approach
- Criminal Procedure II: From Bail to Jail, 3rd Ed., by Richard G. Singer, (2012).
- Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz, (Michael Klarman, David Skeel, & Carol Steiker eds., 2012).
- Principles of Criminal Procedure, 4th Ed., by Russell L. Weaver, Leslie W. Abramson, John M. Burkoff, & Catherine Hancock (2012). Summarizes the law of criminal procedure. Each chapter ends with helpful “points to remember” section on the preceding topic.
- Basic Criminal Procedure, 5th ed., by Stephen A. Saltzburg, Daniel J. Capra, & Angela J. Davis, (2009). Focuses on constitutional limitations on criminal investigations and prosecutions.
- Principles of Criminal Procedure: Post Investigation, 2nd Ed., by Wayne R. LaFave, (2009).
- Criminal Procedure: Regulation of Police Investigation: Legal, Historical, Empirical, and Comparative Materials, 4th Ed., by Christopher Slobogin, (2007).
- Advanced Criminal Procedure in a Nutshell, 2nd Ed., by Mark E. Cammack & Norman M. Garland, (2006).
Other Research Guides
- Criminal Law & Justice Research Guide, Georgetown Law Library.
- Comparative Criminal Procedure, University of Chicago Law Library.
- Criminal Procedure in Federal & Minnesota Trial Courts, University of Minnesota Law Library.
- Criminal Justice Resources, Harvard Law School.
- Criminal Law & Procedure, Georgia State University Law Library.