Research and References
SO NOW THAT YOU KNOW A FEW GENERAL principles and more than a few specifics, how can you be your own research assistant? Here are some suggestions for researching state and federal statutes, case law, and the law by topic. (For clickable links to the websites listed, see the Book Links page on my website, www.LawandFiction.com.)
Some guidance for doing your own legal research
For one-stop shopping for statutes, case law, and other resources, start with www.FindLaw.com and its companion site for legal professionals, lp.FindLaw.com. The basic site includes introductory articles on a variety of subjects, along with articles on recent major developments, Q&A on hot topics, and some state court forms. The professional site links to searchable databases of federal codes and court decisions, and to some state resources. Not all state statutes or codes are linked, so you may need to search for your story state’s statutes directly.
To find a state code through a search engine, start with the state name and “statute,” “code,” or “legislature.” Searching inside the code can be daunting. If you’re looking for a statute specifying the elements of a particular crime, locate the criminal sections and scan the chapter headings to see how the code is structured. Then look for the definitions of specific crimes. They should all be in the same area. They may be organized by crimes against persons (homicide, sexual assault), crimes against property (burglary, theft), and so on. Or they may not be. You may also find general definitions of common terms, usually at the beginning of the criminal code.
You may want to find the potential sentence for a specific crime. As we discussed in Chapter 4, some states specify sentences in the definition of the crime, while others classify each crime and, in another part of the code, specify sentencing ranges by class. Again, it may take you a few minutes to grasp the structure of the statutes before you can locate the answer. If your story state uses a sentencing commission to set guidelines, those probably won’t be in the statutes, but should be on the commission’s website or in the law library.
The U.S. Code can be searched on the official government site, thomas.loc.gov/home/thomas.php, named for Thomas Jefferson, by title (scroll through the list, click on a likely subject, then follow chapter headings, subchapters, and so on) or popular name (e.g., Missing Children Act). Or use FindLaw. As with any database search, the more specific you can be, the better.
A terrific source for state statutes by topic is the Cornell Law School’s Legal Information Institute, topics.law.cornell.edu/wex/state_statutes. Topics range from Alcoholic Beverages to Water, but most importantly for writers, also include Courts, Criminal Codes, Criminal Procedure, and Family Law.
Finding specific court decisions can be tricky. If you know the court and at least one party name, use the FindLaw databases. Most state and federal courts have websites—reach them through FindLaw or the National Center for State Courts site (www.ncsc.org). Court websites often include only recent decisions, within the last 30 days to a year, but provide links to other sources. Some states publish searchable databases for appellate opinions; you’ll need at least one party name, although a date range helps narrow the search. To find a well-known decision, e.g., Miranda, search the name directly. You’ll likely find links to the official (“reported”) opinion, and to commentaries.
State law libraries and law school libraries, both physical and virtual, are gold mines, as are state bar associations and attorneys’ general offices and websites. Many provide helpful information designed for the public, e.g., Know Your Rights pamphlets on the state court system, criminal issues, or child welfare laws. Some states and local courts staff Self-help Centers with practical resources on using the courts, forms, and subject matter information; look at your story state’s court system or bar association website.
And, of course, don’t forget your local library and staff.
Here are a few other sources:
Bureau of Justice Statistics: Stats on criminal sentencing, victims, law enforcement, and more, and FAQs on various topics. bjs.ojp.usdoj.gov.
Federal Justice Statistics Resource Center: Online analysis of law enforcement, prosecution, the courts, and incarceration. fjsrc.urban.org/index.cfm.
National Center for State Courts: State court stats of all kinds, charts, and directories. www.ncsc.org.
National Center for Juvenile Justice: The state juvenile justice profiles and the national court data are particularly useful. www.ncjjservehttp.org/NCJJWebsite/main.html.
The Crime Report: A wide-ranging news and information site sponsored by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice, and Criminal Justice Journalists, a national organization. thecrimereport.org.
U.S. Courts: The official site. www.uscourts.gov.
Countless other websites provide information on the law. Some are slanted, although a focus is not the same as a bias. Absolute objectivity is impossible; what you’re after is evidence of general reliability. Use the same standards you would in your own field of expertise. Is the information factual, stated clearly, and verifiable? Check who runs the site, looking at the home and “About Us” pages. Sites sponsored by universities and recognized research institutions are good places to start. If a site is sponsored by a national association you don’t know, look at its stated purpose and sponsorship. Check for biographical or professional information about the founders, directors, and authors that suggests reliability, or that hints at a bias. Do the funding sources give you any clues? Has it been recently updated?
Check a site’s reliability by glancing at a few links. While researching her medieval noir novel, The Demon’s Parchment, mystery writer Jeri Westerson found a site with a perspective she hadn’t encountered before on “blood libel,” the allegation that Jews use human blood in their religious rituals; nothing on the site hinted at its authors’ biases, but a link to a white supremacist group told her all she needed to know.
A good example of a reliable association website is the National Center for State Courts, a national organization with a specific, detailed purpose of providing information and services relating to state court systems, with a long history and well-established credentials. Look for similar sources for the greatest reliability.
In evaluating an article, be it online or in print, look at the authors and their qualifications. Does it include citations to primary sources or reliable secondary sources? A bibliography? The more willing the authors are to back up their information and arguments, the more reliable it usually is. Who publishes the journal, and has it been around a long time?
Read with potential slant in mind. You’ll get a different view of gun rights and violence from the NRA than you will from the Brady Campaign. Look at both, as well as others, to get a deeper understanding of the issue. But regardless of philosophy, an organization may still provide reliable research, such as the NRA’s detailed charts of state and federal gun laws.
What about Wikipedia and other online encyclopedias? They can be a good starting point, but as with any other topics they feature, articles vary in depth and reliability. Some focus on American law, while others don’t. Some borrow heavily from other sources, sometimes verbatim. Some are better footnoted than others; those notes can lead to original sources and more ideas. Judge their accuracy as you would any other resources. If a specific point of law is critical to your story, follow the citations and use other tools to confirm the point.
Law professors are one of my favorite resources, especially their blogs—or blawgs. The best blawgs report and analyze recent developments in an area, providing a good view of the many sides of an issue, with links and citations to decisions and statutes. One good example is Ohio State University law professor Doug Berman on sentencing. His blog also includes numerous links to blogs and sites on other areas of criminal law and general legal interest. Go to: sentencing.typepad.comm/sentencing_law_and_policy.
The SCOTUS blog and accompanying wiki, sponsored by a law firm, focuses on the Supreme Court of the United States: www.scotusblog.com.
Topics include petitions for review filed and accepted, oral arguments, decisions issued and continuing debate over the issues involved, discussion of possible successors to retiring justices, and more. Other blogs focus on specific Circuit Courts of Appeal, with summaries and analysis of important recent decisions in criminal law. One example: www.rashkind.com/weblogs. The ABA Journal publishes an annual “Blawg 100” list of favorites, covering just about every aspect of the law you can imagine: www.abajournal.com/magazine/article/the_2010_aba_journal_blawg_100.
In-print and online resources are nearly limitless, and it’s easy to get lost. Keep your focus on the needs of your story. And don’t forget the phone. If you have a specific local question, call a law school or criminal justice professor in your story state.
And keep in mind the goal: to write a good story, well-told, that gets the facts right.