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Criminal Procedure WestlawNext - Pesca


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Criminal Procedure WestlawNext - Pesca

  1. 1. Criminal Procedure Research Project Westlaw
  2. 2. What you are about to see…
  3. 3. In Westlaw, there are many ways to get what you need for this assignment.
  4. 4. Instructions: • 1. Find out what the legal issue is in Mapp v. Ohio, 367 U.S. 643 (1961) (see textbook).
  5. 5. This is what you see when you first open WestlawNext! The search box is designed like Google for simplicity. 24/7 assistance
  6. 6. Since we know the case citation (367 U.S. 643) we can simply type that in the search field.
  7. 7. Or: type in the case name.
  8. 8. When you type in the case name, you will retrieve the case, and also any cases that have cited (referred to) Mapp v. Ohio. There are advantages to each approach.
  9. 9. In addition to case law, Westlaw provides law reviews and secondary sources which INTERPRET Mapp v. Ohio and can help you identify the legal issue in the case. These articles can also help you determine key words and search terms you should use when searching for cases in the state you have chosen.
  10. 10. Instructions: • 2. Obtain your appropriate key word terms and issues from Mapp v. Ohio. Using these terms, search for cases in the state that you have chosen.
  11. 11. Let’s look at the actual case.
  12. 12. These are parallel citations which means same case, found in different sources. Professor Pesca gave you the U.S. Supreme Court official citation (367 U.S. 643). 81 S. Ct. 1684 is the SAME case, Mapp v. Ohio, in a West case reporter.
  13. 13. This is the prior history of the case, which describes what courts heard the case prior to it coming before the U.S. Supreme Court.
  14. 14. West Headnotes are brief summaries of the main legal issues and points of law and in the case. Headnotes are not part of the Court’s official decision; they are written by West attorney-editors to help with case interpretation. Very useful!
  15. 15. Westlaw tells you how many cases have “cited” a particular headnote. For example, 953 cases have referred back to Mapp v. Ohio for this particular point of law!
  16. 16. From anywhere in Westlaw, you can access the main scree by clicking on WestlawNext. So what happens when we run the search Mapp v. Ohio on the main screen? Remember, before we searched from “Cases.”
  17. 17. The case Secondary sources to help you understand the case The Constitutional Amendment (IV)
  18. 18. Instructions: • 2. Obtain your appropriate key word terms and issues from Mapp v. Ohio. Using these terms, search for cases in the state that you have chosen.
  19. 19. Which search terms do I use? What are the legal issues…? Secondary Sources! In addition to the case itself, check law reviews and ALR (American Law Reports).
  20. 20. Back to the main screen (click on WestlawNext)
  21. 21. Other ideas for search terms… This ALR article tells you straight out what the legal issue is.
  22. 22. Using these terms… …search for cases in the state that you have chosen.
  23. 23. Some courts located in New Jersey (and in all of the United States) are federal courts, which is why you see both Federal and State court listings under New Jersey (and with every state). It may seem confusing at first, but it is the U.S. court structure. Here, you want to choose All New Jersey State Cases.
  24. 24. In general, you will search these courts most often.
  25. 25. Note the search results are displayed in “relevance” order. You can sort by date or “most cited” as well.
  26. 26. Think about this: “Most cited” means subsequent (later) cases have referred back to these cases most frequently.
  27. 27. Instructions: • 3. Print out the list of cases and citations that match your key words and terms.
  28. 28. To print, click on the arrow just to the right of the envelope icon. Your options are: Email, Print, Download or send to a Kindle. Choose Print.
  29. 29. Heads up! You do NOT want to print the full text of each case! The instructions read, “Print out the list of cases and citations that match your key words and terms.”
  30. 30. Instructions: • 4. Read through the cases and find a case that deals with the same issue that is in Mapp v. Ohio. Your challenge now is to find a case that most closely deals with the same issue that is in Mapp v. Ohio, is reasonably current (though a pivotal case may be very old), and is still good law.
  31. 31. Is the case still good law? •Is the case I am looking at still good law? • While viewing a case with a KeyCite flag, click the flag (if there IS one). • No flag = no negative treatment (so far) • Yellow = CAUTION • Red = CASE HAS BEEN OVERRULED – DO NOT USE
  32. 32. No flag = good law so far - Yellow flag = caution – Red flag = no longer good law (has been overruled, overturned) Click on the flag for specific negative history.
  33. 33. Just because there is no flag… • … does not mean this is the best case! • A case like Roe v. Wade – (Supreme Court of the United States January 22, 1973 - 410 U.S. 113) • a very famous U.S. Supreme Court case in the 1970s, has a yellow flag because some courts have not agreed with certain aspects of the Court’s ruling – but this case has been cited over 22,000 times! • If later cases have ‘cited’ to (referred to) a case thousands of times, even if there is some negative treatment, this case is still good law, and very, very important! • Bottom line: don’t be afraid of cases with yellow flags!
  34. 34. Let’s say we decide this is the case that deals closely with the issue in Mapp v. Ohio. How did we decide this?
  35. 35. Remember those “Headnotes” described earlier. Headnotes are brief summaries of the legal issue(s) in the case, written by Westlaw attorneyeditors.
  36. 36. To understand and effectively BRIEF the case, you have to read the case, not just the headnotes. The opinion, written by the judge, contains the facts, the issue(s) before the court, the court’s holding and rationale.
  37. 37. To print, click on the arrow just to the right of the envelope icon.
  38. 38. The print screen defaults to term highlighting, including headnotes and dual column printing (see next slide).
  39. 39. Dual column layout
  40. 40. Fact Pattern: • Jay C is a suspected methamphetamine manufacturer and seller in the small town of Clear Lake. The police think Jay C keeps drugs and paraphernalia in his truck. • While Jay C is at work, the Rensselaer County Sheriff’s Dept. walks a K9 drug dog by Jay C’s truck, without a warrant. The dog immediately detects illegal substances and Jay C is arrested for criminal possession of methamphetamine manufacturing material.
  41. 41. Legal Issue: • If a K9 is used to walk by an automobile the police suspect might have drugs in it, is that a search without a warrant?
  42. 42. Here we are approaching the legal issue with natural language searching.
  43. 43. Things to think about… • As with the prior example, this is the challenge, once you have formulated your search technique. It is a balancing act between: • Is the case most closely deals with my legal issue? • Is the case still good law? • Is there a more recent case close to my fact pattern?
  45. 45. The idea is to anticipate the language the judge may use. Connectors and Expanders & /s Or +s /p "" +p % /n ! +n * AND In same sentence OR Preceding within sentence In same paragraph Phrase Preceding within paragraph But not Within n terms of Root expander Preceding within n terms of Universal character Before jumping in and deciding that natural language is your best bet for retrieving search results, remember correct Boolean searching produces accurate results that you can compare to your natural language search results.
  46. 46. Concepts: • • • • Canine or dog or K9 Auto or automobile or car or vehicle or truck 4th Amendment or Search and Seizure or Right to Privacy Search Warrant • (k9 or dog or canine) & (auto! or car or vehicle or truck) & ("4th amendment" or "search and seizure" or "right to privacy") & "search warrant"
  47. 47. Notice we retrieved 19 more cases on this topic with Boolean searching! This is a perfect example of why you should not rely solely on natural language searching.
  48. 48. Ask for help. Ask a Librarian or call 1.800.REF.ATTY YOU CAN DO IT!