Administration of Criminal Justice Seminar

A Pathfinder

Compiled by
Charlene C. Cain,
Charlotte Melius and
Randall J. Thompson
Revised January 2004

Law Library Guide
Academic Series

Reference 225/578-4042
www.law.lsu.edu/library

ADMINISTRATION OF CRIMINAL JUSTICE SEMINAR

Complied by Charlene C. Cain, Charlotte Melius, and Randall J. Thompson Revised, January 2004

1. INTRODUCTION
2. USING THE LIBRARY TO FIND:
   1. BOOKS
   2. PERIODICALS
3. SOURCES ON THE LEGAL WRITING PROCESS
   1. IN GENERAL
      1. Style Manual
      2. Citators
      3. Articles
      4. Books
   2. CHOOSING A TOPIC AND DEVELOPING A THESIS
      1. What’s Pending in the Courts?
      2. What’s in the News?
      3. What has been Written about a Topic?
   3. RESEARCHING THE ISSUE
   4. WRITING AND EDITING THE ARTICLE
      1. Articles
      2. Books
      3. Internet
4. RESOURCES OFFERED BY THE LAW LIBRARIANS
   1. IN GENERAL
   2. GOVERNMENT DOCUMENTS ASSISTANCE
   3. LEGISLATIVE HISTORIES
   4. INTERLIBRARY LOANS
   5. LEXIS AND WESTLAW ASSISTANCE
   6. REFERENCE ASSISTANCE
   7. EMAIL REFERENCE
   8. CHAT REFERENCE
   9. RESEARCH APPOINTMENTS
   10. RESEARCH IN FOREIGN MATERIALS
5. CRIMINAL LAW AND ADMINISTRATION OF CRIMINAL JUSTICE SOURCES

 

ADMINISTRATION OF CRIMINAL JUSTICE SEMINAR

I. Introduction

Scholarly legal writing on criminal law issues, like any legal writing, is a multi-step process. It involves choosing a topic, developing a thesis, researching the issue, writing the article, and editing it once written. The Law Library provides many resources, several of which are listed below, to assist you with each of these steps. Some of the items listed deal with the legal writing process in general; other items are criminal law and procedure specific. Also, remember that the Law Librarians are always available to help you as well.

II. Using the Library to Find:

A. Books

Books on legal writing, criminal law and criminal procedure can be located using iLink, the Library’s web-based online catalog. iLink can be accessed through any computer with an internet connection. The address is http://lsulaw.louislibraries.org and it can be reached through the Library’s home page under Online Catalog. In addition, iLink is available on all Library computers through desktop icons labeled Online Catalog. Broad keyword searches can be executed that search for terms in entire records. More focused searches are possible by searching in subject fields only.

B. Periodicals

Journal articles can be located through Library indexes:

Current Law Index
Print
Index Table, 2^nd Floor
Lexis
LEXREF Library, LGLIND File

Index to Legal Periodicals and Books
Print
Index Table, 2^nd Floor
Lexis
LEXREF Library; ILP File
Westlaw
ILP Database
WilsonWeb
Desktop icon on any Library computer

III. Sources on the Legal Writing Process

A. In General

The Law Library has a number of items that deal generally with legal writing. These resources will be helpful to you throughout the entire legal writing process.

1. Style Manuals

Chicago Manual of Style. 15^th ed. Chicago: University of Chicago Press, 2003.
Reference Z 253 .U54 2003

Garner, Bryan A., The Elements of Legal Style. 2^nd ed. New York: Oxford University Press, 2002.
Reference KF 250 .G37 2002

Strunk, William and White, E.B. The Elements of Style. 3^rd ed. New York: Macmillan, 1979.
Reference PE 1408 .S772 1979
also available at http://www.bartleby.com/141 (last visited January 29, 2004).

Turabian, Kate, Grossman, John and Bennett, Alice. A Manual for Writers of Term Papers, Theses, and Dissertations. 6^th ed. Chicago: University of Chicago Press, 1996.
Reference LB 2369 .T87 1996

2. Citators

Association of Legal Writing Directors and Dickerson, Darby. ALWD Citation Manual: A Professional System of Citation. Gaithersburg: Aspen Law and Business, 2000.
Circulation Desk KF 245 .A45 2000

The Bluebook: A Uniform System of Citation. 17^th ed. Cambridge, Mass.: Harvard Law Review Association, 2000. Circulation Desk KF 245 .B58 2000.

3. Articles

Day, Christian C. In Search of the Read Footnote: Techniques for Writing Legal Scholarship and Having It Published. 6 Legal Writing 229-54. (2000).

Volokh, Eugene. Writing a Student Article. 48 Journal of Legal Education 247-72 (June 1998)

4. Books

Fajans, Elizabeth and Falk, Mary. Scholarly Writing for Law Students: Seminar Papers, Law Review Notes and Law Review Competition Papers. 2^nd ed. St. Paul, Minn.: West Group, 2000.
Reserve Room KF 250 .F35 2000

Squires, Lynn B., Rombauer, Marjorie Dick, and Kennedy, Katherine See. Legal Writing in a Nutshell. 2^nd ed. St. Paul, Minn.: West Publishing Co., 1996.
Circulation Desk KF 250 .S68 1996

B. Choosing a Topic and Developing a Thesis

Choosing a topic for scholarly legal writing can be frustrating. The topic should be interesting and relevant, but also sufficiently narrow that it can be thoroughly researched and the article written in the allotted time. The Library has several sources that can help you find a topic.

1. What’s Pending in the Courts?

Pending court cases can be a good source for topics. Cases pending at both the federal and state levels may present new and novel issues that can be explored. Splits between the appellate circuits provide opportunities to write articles harmonizing and distinguishing the differences.

Publications that track current court activity are good sources for locating pending cases. Some that are available in the Library include:

American Lawyer
Newspaper File, 2^nd Floor

The Criminal Law Reporter. Washington, D.C.: Bureau of National Affairs, 1967-.
Reserve Room KF 9615 .C7

National Law Journal
Newspaper File, 2^nd Floor

The United States Law Week. Washington, D.C.: Bureau of National Affairs, 1933-.
Reserve Room KF 101.1 .U55

(For The Criminal Law Reporter and The United States Law Week, See also, the Library’s home page.)

2. What’s in the News?

Current newspapers are another source for potential topics. Both lay and legal newspapers cover items that might lend themselves to scholarly examination. The internet offers easy access to most major newspapers. In addition, Lexis and Westlaw both have databases devoted to current developments in the law.

The Advocate Online. (Baton Rouge)
http://www.2theadvocate.com/
(last visited January 29, 2004)

Lexis Hot Topics
HOTTOP Library; HOTLAW File

New York Times.
http://www.nytimes.com/
(last visited January 28, 2004)

The Times-Picayune. (New Orleans)
http://www.nola.com/t-p/
(last visited January 29, 2004)

The Washington Post.
http://www.washingtonpost.com/
(last visited January 29, 2004)

Westlaw Topical Highlights – Criminal Justice
WTH-CJ Database

3. What has been Written about a Topic?

One consideration in choosing a topic is what has already been written about it. Numerous articles on a topic may mean there is little original left to say about the subject. Check to see if others have already developed your thesis and if you can distinguish your ideas from theirs. Use the Current Law Index and the Index to Legal Periodicals and Books, both described above, to locate other articles on your topic.

C. Researching the Issue

Researching issues requires use of all the skills taught in the first year legal writing courses. Sources to examine include periodicals, treatises, looseleafs, statutes, digests, and cases. Some suggested sources are listed below. In addition, the Law Librarians are available to assist you with any questions you have regarding research and they offer Research Appointments for in-depth research assistance. Services provided by the Law Librarians are explained in more detail below.

D. Writing and Editing the Article

The Library has numerous publications offering tips on proper legal writing. Many are listed below. Use the iLink online catalog and the periodical indexes as described above to locate other helpful publications.

1. Articles

Evans, Mark L. Tips for Writing Less Like a Lawyer. 7 Scribes Journal of Legal Writing 147-54. (1998).

Foley, Brian J. and Robbins, Ruth Anne. Fiction 101: A Primer for Lawyers on How to Use Fiction Writing Techniques to Write Persuasive Facts Sections. 32 Rutgers Law Journal 459-83. (Winter 2001).

Garner, Bryan A. The Citational Footnote. 7 Scribes Journal of Legal Writing 97-107. (1998).

Kimble, Joseph. A Modest Wish List for Legal Writing. 79 Michigan Bar Journal 1574-7. (November 2000).

Kissam, Philip C. Thinking (By Writing) About Legal Writing. 40 Vanderbilt Law Review 135-73. (January 1987).

Litowitz, Douglas. Legal Writing: Its Nature, Limits, and Dangers. 49 Mercer Law Review 709-39. (Spring 1998).

Walsh, Michael G. Using Literary Devices to Improve Your Legal Writing. 44 The Practical Lawyer 9-11. (June 1998).

2. Books

Block, Gertrude. Effective Legal Writing: For Law Students and Lawyers. 5^th ed. New York, NY: Foundation Press, 1999.
KF 250 .B56 1999

Brand, Norman and White, John O. Legal Writing: The Strategy of Persuasion. 3^rd ed. New York: St. Martin’s Press, 1994.
KF 250 .B7 1994

Charrow, Veda, Erhardt, Myra K. and Charrow, Robert. Clear and Effective Legal Writing. 3^rd ed. Gaithersburg: Aspen Law & Business, 2001.
KF 250 .C452 2001

Dernbach, John C. A Practical Guide to Legal Writing and Legal Method. 2^nd ed. Littleton, Colo.: F.B. Rothman, 1994. Reserve Room
KF 250 .D47 1994

Faulk, Martha and Mehler, Irving M. The Elements of Legal Writing. New York: Macmillan Publishing Co., 1994.
KF 250 .F38 1994

Garner, Bryan A. A Dictionary of Modern Legal Usage. 2^nd ed. New York: Oxford University Press, 2001. Reserve Room
KF 250 .G367 2001

Haggard, Thomas. The Lawyer’s Book of Rules for Effective Legal Writing. Littleton, Colo.: F.B. Rothman, 1999. Reserve Room
KF 250 .H34 1997

Leal, Heather, ed. Introduction to Advocacy: Research, Writing, and Argument. 6^th ed. Westbury, N.Y.: Foundation Press, 1996. Reserve Room
KF 281 .A2 I57 1996

Maugans, James D. The Grammatical Lawyer II. Philadelphia, PA: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1996.
KF 250 .M28 1996

Neumann, Richard K. Legal Reasoning and Legal Writing: Structure, Strategy, and Style. ^th ed. Gaithersburg, MD: Aspen Publishers, 2001. Reserve Room
KF 250 .N48 2001

Rambo, Teresa J. Reid and Pflaum, Leanne J. Legal Writing by Design: A Guide to Great Briefs and Memos. Durham, N.C.: Carolina Academic Press, 2001.
KF 250 .R35 2001

Ray, Mary Barnard and Cox, Barbara J. Beyond the Basics: A Text for Advanced Legal Writing. St. Paul, Minn.: West Publishing, 1991.
KF 250 .R38 1991

_______________ and Ramsfield, Jill J. Legal Writing—Getting It Right and Getting It Written. 2^nd ed. St. Paul, Minn.: West Pub. Co.,
KF 250 .R39 1993

Shapo, Helene S., Walter, Marilyn R. and Fajans, Elizabeth. Writing and Analysis in the Law. 4^th ed. New York: Foundation Press, 1999. Reserve Room
KF 250 .S5 1991

Smith, Michael R. Advanced Legal Writing: Theories and Strategies in Persuasive Writing. New York: Aspen Law & Business, 2002.
KF 250 .S53 2002

Smith, Robert B. The Literate Lawyer: Legal Writing and Oral Advocacy. 2^nd ed. Austin, TX: Butterworth Legal Publishers, 1991. Reserve Room
KF 250 .S54 1991

Wydick, Richard C. Plain English for Lawyers. 4^th ed. Durham, N.C.: Carolina Academic Press, 1998. Reserve Room
KF 250 .W93 1998

3. Internet

Legal Research and Writing. Washburn University Law Library http://www.washlaw.edu/subject/writing.html (last visited January 29, 2004).

Legal Writing. Cornell University Law Library at http://www.law.cornell.edu/topics/legal_writing.html (last visited January 29, 2004).

IV. Resources offered by the Law Librarians

A. In General

The Law Librarians offer a range of services designed to assist you with your scholarly legal writing. Our jobs are to help you, so don’t hesitate to ask for our assistance. Your questions are never a bother to us and we encourage you to ask.

B. Government Documents Assistance

The Law Library is a depository for both federal and Louisiana state government documents. Many avenues of legal research require use of government documents ranging from cursory reviews to detailed, in-depth explorations. Research in these documents can be complex, time consuming, and frustrating. Charlene Cain is the Government Documents Librarian and she can assist you with any government documents research question. She can be reached at 8-4957 or llcain@lsu.edu. The Reference Librarians, Kevin Gray, 8-4959, kevingray@lsu.edu, Madeline Hebert, 84952, llhebe@lsu.edu, or Randy Thompson, 8-8815, rthompson@lsu.edu, can also assist you with questions in this area.

C. Legislative Histories

A specialized form of government documents research is that of producing legislative histories. Legislative histories track the documentary evidence behind the passage of legislative acts and are used by courts to discern legislative intent in enacting laws. Contact Ms. Cain or the Reference Librarians for help in developing a legislative history.

D. Interlibrary Loans

The Law Library has the capability to borrow from other libraries books and articles which are not a part of our collection but that you may need for your research. Contact the Reference Librarians for assistance with these interlibrary loans. Note there can be a lengthy turn around time in obtaining an item through a loan, so place the loan request with one of the Librarians as soon as you identify your need. You may also place an interlibrary loan request with the Librarians online through the iLink catalog.

E. Lexis and Westlaw Assistance

Proper, effective, and efficient use of Lexis and Westlaw requires detailed knowledge of the services’ search language, syntax, and database content. Simply inputting a natural language query in a multi-jurisdiction database is unlikely to produce the focused and relevant search results your research requires. The Reference Librarians will be able to assist you in developing productive Lexis and Westlaw search strategies.

F. Reference Assistance

The Law Librarians staff the Reference Desk for most of the hours the Library is open. Direct any questions you have to them. They will be able to assist you in locating helpful resources and can explain to you how to use them.

G. Email Reference

You may also ask reference questions by email. Simply send your questions to reference@law.lsu.edu and one of the Librarians will respond. You can also reach the link by going to the Library’s home page and clicking on Reference Services. Scroll down to the heading for E-mail Reference and click on the link. During the week, you should generally expect to receive an answer to any question within twenty-four hours. Because of reduced weekend Reference hours, you may experience longer delays for questions asked then.

H. Chat Reference

The Law Library also offers chat reference services to faculty, students, and staff. Chat reference is simply an instant messenger service that connects you directly to a Reference Librarian. Chat Reference hours are limited to 1 PM to 8 PM, Monday through Friday. Like Email Reference, Chat Reference is accessed from the Research Services portion of the Library’s home page. Click on the link under Chat References and you will then need to provide your user name and password to access the service.

I. Research Appointments

Some questions you may have require more detailed assistance than the Law Librarians can provide while working the Reference Desk. In that case, you may ask for a Research Appointment with one of the Librarians. Research Appointments are detailed, one-on-one sessions with a Librarian on any research issue you have. You may request a Research Appointment by going to the Reference Services section of the Library’s home page or by completing a form that is available at the Reference Desk. Based on your issue, a Librarian will be assigned to assist you and will contact you to schedule the appointment. You may have as many research appointments as you want.

J. Research in Foreign Materials

The Law Library holds an extensive collection of foreign materials including treatises, periodicals, statutes, and cases for several foreign jurisdictions. George Jacobsen is the foreign, comparative, and international law specialist for the Library. Contact him or one of the Reference Librarians for any research issue in these areas. Mr. Jacobsen can be reached at 8-4955 or lljacob@lsu.edu.

V. CRIMINAL LAW AND ADMINISTRATION OF CRIMINAL JUSTICE SOURCES

ALI-ABA’s Practice Checklist Manual on Representing Criminal Defendants: Checklists, Forms, and Advice from the Practical Lawyer and the Practical Litigator. Philadelphia, PA: American Law Institute-American Bar Association Committee on Continuing Professional Education, 1998.
KF 9619.3 .A55 1998

Bailey, F. Lee and Fishman, Kenneth J. Criminal Trial Techniques. 3 vol. Deerfield, IL: Clark Boardman Callaghan, 1994-.
KF 9656 .B28

Bamberger, Phylis Skloot and Gottlieb, David J., eds. Practice Under the Federal Sentencing Guidelines Manual. 3 vol. Englewood Cliffs, NJ: Prentice Hall Law & Business, 1993-.
KF 9685 .P73 1993-

Bantekas, Ilias. International Criminal Law. London: Cavendish, 2003.
K 5165 .B35 2003

Berrigan, Ginger Roberts. Louisiana Criminal Trial Practice. 3^rd ed. Norcross, GA: Harrison Co., 1998. Reserve Room
KFL 579 .B47 1998

Brody, David C., Acker, James R., and Logan, Wayne A. Criminal Law. Gaithersburg, MD.: Aspen Publishers, 2001.
KF 9219 .B73 2001

Cissell, James C. Federal Criminal Trials. 5^th ed. Charlottesville, VA: Lexis Law Publishing, 1999.
KF 9619 .C5 1999

Criminal Justice 2000. 4 vol. [Washington, D.C.]: U.S. Dept. of Justice, Office of Justice Program, National Institute of Justice, [2000].
HV 9950 .C753 2000

The Criminal Law Reporter. Washington, D.C.: Bureau of National Affairs, 1967-. Reserve Room
KF 9615 .C7

Dressler, Joshua, ed. Encyclopedia of Crime and Justice. 2^nd ed. 4 vol. New York: Macmillan Reference USA, 2002.
HV 6017 .E52 2002

Federal Sentencing Guidelines Handbook. Colorado Springs, Colo.: Shepard’s/McGraw-Hill; New York: McGraw-Hill, 1990.
KF 9685 .F43

Guidelines U.S. Sentencing Commission February 2000. [G.P.O.: Washington, D.C.], 2000.
Government Docs Microform Y 3.SE 5:8 G 94/2000

Harr, J. Scott and Hess, Karen M. Constitutional Law and the Criminal Justice System. 2^nd ed. Australia; Belmont, CA: Wadsworth/Thomson Learning, 2002.
KF 9619.3 .H363 2002

Hrones, Stephen and Czar, Catherine C. Criminal Practice Handbook. 2^nd ed. Charlottesville, VA: Lexis Law Pub., 1999.
KF 9619 .H76 1999

Joseph, Cheney C., Jr. and Lamonica, Raymond. Criminal Jury Instructions. St. Paul, Minn.: West Pub. Co., 1994.
Reserve Room KFL 583 .62 1994

LaFave, Wayne R. and Scott, Austin W., Jr. Criminal Law. 2^nd ed. (Hornbook Series) St. Paul, Minn: West Pub. Co., 1986.
Reserve Room KF 9219 .L3 1986

___________________________________. Substantive Criminal Law. 2 vol. St. Paul Minn.: West Pub. Co., 1986.
KF 9219 .L386 1986

______________ Israel, Jerold H. and King, Nancy J. Criminal Procedure. 2^nd ed. 6 vol. St. Paul, Minn.: West Group, 1999.
Reserve Room KF 9619 .L342 1999

______________ Israel, Jerold H. and King, Nancy J. Criminal Procedure. 3^rd ed. (Hornbook Series) St. Paul, Minn.: West Group, 2000.
Reserve Room KF 9619 .L34 2000

______________. Search and Seizure: A Treatise on the Fourth Amendment. 3^rd ed. 5 vol. St. Paul, Minn.: West Pub. Co., 1996.
Reserve Room KF 9630 .L26 1996

______________. Substantive Criminal Law. 2^nd ed. 3 vol. St. Paul, Minn.: West Group, 2003.
Reserve Room KF 9219 .L386 2003

Langbein, John H. The Origins of Adversary Criminal Trial. New York: Oxford University Press, 2003.
KD 8220 .L36 2003

Levenson, Laurie L. Criminal Law. New York: Aspen Law & Business, 1997.
KF 9219 .L49 1997

Loewy, Arnold H. Criminal Law in a Nutshell. St. Paul, Minn.: Thomson/West, 2003.
Reserve Room KFL 9219.3 .L63 2003

Louisiana Sentencing Guidelines Manual. St. Paul, Minn.: West Pub. Co., 1993-.
Reserve Room KFL 583.2 .A29 L68 1994

Marcus, Paul. Criminal Procedure in Practice. Notre Dame, Ind.: National Institute for Trial Advocacy, 2003.
KF 9656 .M29 2003

Model Penal Code Sentencing: Report. Philadelphia, PA: American Law Institute, 2003.
KF 9685 .A16 A44 2003

Pattern Jury Instructions, Fifth Circuit, Criminal. St. Paul, Minn.: West Pub. Co., 1979-.
KF 9682 .A65 P383

Schlosser, Gail Dalton. Louisiana Criminal Trial Practice Formulary. 2^nd ed. Suwannee, GA: Harrison Co., 2000.
Reserve Room KFL 579 .A65 2000

Senna, Joseph J. and Siegel, Larry J. Introduction to Criminal Justice. 7^th ed. Minneapolis/St. Paul: West Pub. Co., 1996.
KF 9223 .S4 1996

Torcia, Charles E. Wharton’s Criminal Law. 15^th ed. 4 vol. Deerfield, IL: Clark Boardman Callaghan, 1993-.
KF 9219 .W43 1993-

Wallace, Harvey and Roberson, Cliff. Principles of Criminal Law. 2^nd ed. Boston: Allyn and Bacon, 2001.
KF 9219 .W35 2001

West’s Federal Sentencing Guidelines Digest. St. Paul, Minn.: West Group, 1999-.
KF 9685 .A53 W47 2002 ed.

What is the Sequence of Events in the Criminal Justice System?. [Washington, D.C.]: Bureau of Justice Statistics, [1998].
Government Docs J 29.2:c 86/15