Virginia Lawyer VA Lawyer August 2019 : Page-42

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Law Libraries Criminal Law Research in Virginia by Maureen Moran So you’re handling a criminal case in Virginia? Whether you are a new attor-ney, or just new to criminal matters, a plethora of resources are available to assist practitioners engaged in pretrial, trial, and appellate criminal law practice. Starting Points Although a fi rst-year law student might succumb to temptation and head straight to primary materials, seasoned researchers embrace the axiom that a secondary source is generally the best starting point. Michie’s Jurisprudence , has long been recognized as a corner-stone of the research process for both fl edging and seasoned practitioners. Those researching criminal law topics in this venerable legal encyclopedia will fi nd brief entries on a number of individual offenses and defenses in Virginia, as well as a robust section on criminal procedure. Each entry offers an overview of the legal issues and provides annotations directing researchers to relevant primary sources. For additional help navigating the online and print options available con-sider consulting Virginia CLE’s A Guide to Legal Research in Virginia . Virginia Treatises Treatises are heavily relied on by practi-tioners because of the unique blend of scholarly analysis and practical tips. The highly regarded Virginia Practice Series includes a number of criminal law-relat-ed titles. The recently released 2018-2019 edition of Criminal Offenses and Defenses in Virginia (Vol. 5) covers the substantive elements of each criminal offense and defense. Written by Virginia criminal law scholar Professor Ronald Bacigal, the volume is available in print as a soft-bound book, as well as elec-tronically in both WestlawEdge and via the ProView™ eReader. 42 VIRGINIA LAWYER | August 2019 | Vol. 68 Whereas the Bacigal title focus-es solely on substantive law, John L. Costello’s Virginia Criminal Law and Procedure includes discussion of both substantive and procedural law, as well as constitutional, ethical, and collater-al issues. The title is available in print and eBook format as well as on Lexis Advance. Criminal Procedure Resources Knowing the law is only one part of being able to handle a criminal case. Practitioners must be prepared to navigate criminal procedure from arrest to appeal. Once again, leading experts Bacigal and Costello have authored Virginia-specifi c works that should be at the fi ngertips of every criminal law practitioner. • Ronald J. Bacigal, Criminal Procedure (2018-2019 ed.) • John L. Costello, Virginia Criminal Law and Procedure (4th ed. 2008 & Supp. 2018) Written to assist judges in the disposi-tion of cases, a benchbook can serve as a concise guide to procedure. • Virginia Criminal Benchbook for Judges and Lawyers (LexisNexis 2018/2019 ed.) • District Court Judges’ Benchbook (Assoc. of District Court Judges in Virginia Benchbook Committee, 2018 ed.) (free internet resource) Virginia CLE Materials & Forms A variety of topic-specifi c Virginia CLE materials are available for attorneys handling particular types of criminal matters such as in a DUI case or a capi-tal murder trial. Examples include: • Corinne J. Magee, David L. Heilberg & Timothy C. Carwile, eds., Defending Criminal Cases in Virginia (11th ed. 2018) • Michael C. Tillotson & Patrick L. Bales, Virginia DUI Law: Understanding the Scientific, Medical, Technological, and Legal Aspects of a DUI Case (2018/2019 ed.) • Ronald J. Bacigal, Trial of Capital Murder Cases in Virginia (3d ed. 2004) Forms books offer welcome help to those tasked with drafting pleadings, motions, and other documents. • Virginia CLE Publications, Virginia Criminal Practice Forms (2018) (available in print with accompanying CD-ROM) • Ronald J. Bacigal, Criminal Procedure Forms (2018-2019) (avail-able in print and on Westlaw) Jury Instructions Don’t overlook the value of jury instruc-tions as a research tool. Jury instructions can help you determine the elements of a crime and locate primary authority that supports the particular wording of the instruction or element you may want to include in a motion or pleading. • Virginia Model Jury Instructions. Criminal (2018) • Ronald J. Bacigal & Margaret Ivey, Jury Instructions , 2018-2019 (2018) Research continued on page 59 Maureen Moran is a reference and re-search services librarian at the University of Richmond School of Law. She became a law librarian after practicing litigation in New York City for 14 years and has contributed chapters on research strategies and foreign and interna-tional legal research to both editions of Global Lawyering Skills . www.vsb.org

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