LibGuides: Criminal Procedure: Introduction

About This Guide

Criminal Procedure governs the mechanisms for investigating, prosecuting, adjudicating, and punishing crimes. In addition, it usually encompasses the protection of the constitutional rights of the accused. This guide covers the law of criminal procedure in Georgia and at the federal level, with a focus on the most essential sources and strategies. Please note that the substantive criminal law which defines various offenses is covered in a separate guide.

These treatises are good places to begin your research into Georgia Criminal Procedure. Secondary Sources like these describe and explain the law, which makes them an ideal entryway for researching an issue or topic. For a more complete selection of the library's secondary sources on Georgia Criminal Procedure, check out the tab below. For a look at the library's entire collection of treatises, here's our Treatise Finder. If these treatises seem too detailed, consider a legal encyclopedia. For help with secondary sources more generally, check out our Secondary Sources Guide. If you want an overview for a law school class, study aids are your best choice.

Daniel's Georgia Criminal Trial Practice
Written by a retired judge, this is one of the best treatises on Georgia Criminal Procedure. It is also one of the most comprehensive, with in-depth coverage of Georgia's procedural rules and helpful discussions of the constitutional rights of the accused. Each section offers thorough coverage of a distinct and clearly-identified issue, which tends to make this treatise user-friendly for its size and scope. A companion volume offers an extensive selection of high-quality forms keyed to the same organization, increasing its utility for practitioners. The print version is in the library's Ready Reference collection at call number KFG 575 .D365 2020/2021.
Georgia Procedure (Criminal Volumes)
This multivolume treatise covers all of Georgia's procedural law, which supplies some valuable context. Despite its considerable length, Ga. Procedure is fairly accessible: in particular, many researchers will quickly and easily acclimate themselves to the format and features, which resemble those of AmJur or GaJur. And just like with those legal encyclopedias, the extensive references to ALRs, AmJur, and other Thomson Reuters products can be of great help when finding additional relevant secondary sources. In print, you can find Georgia Practice in our Ready Reference collection at KFG 530 .G47 1995, with the CrimPro coverage in volumes 9-12.

The following treatises are good places to begin your research into Federal Criminal Procedure. Secondary Sources like these describe and explain the law, which makes them an ideal entryway for researching an issue or topic. For a more complete selection of the library's secondary sources on Federal Criminal Procedure, check out the tab below. For a look at the library's entire collection of treatises, here's our Treatise Finder. If these treatises seem too detailed, consider a legal encyclopedia. For help with secondary sources more generally, check out our Secondary Sources Guide. If you want an overview for a law school class, study aids are your best choice.

Wharton's Criminal Procedure
This well-regarded treatise covers federal and state CrimPro thoroughly, but remains accessible due to its brief sections and clear writing. Unlike many other treatises on this area of law, it includes ample coverage of both rules-based procedure and constitutional protections. As a bonus, it also nicely compliments Wharton's sister volume on substantive criminal law (also available on Westlaw).
Search & Seizure (Practice Treatise)
When researching the constitutional protections related to search and seizure, it often helps to consult a dedicated source. This treatise is an especially good choice for a novice researcher, since it covers search & seizure law "as it is actually interpreted on the streets and in courts of law." This results in an accessible overview of a complex area of law. In particular, Chapter 2 "Analyzing Search & Seizure Problem" supplies a helpful framework doing just that, along with a very handy checklist. And while the concise text clearly and quickly explains the doctrine, it doesn't skimp on the footnotes, including more extensive citations to primary sources than you would expect from such a practical volume.
Search & Seizure: A Treatise on the Fourth Amendment
This is the authoritative treatise on search & seizure. It aims to be "systematic and comprehensive" in its coverage, and the citations are just as exhaustive as that might suggest. The analysis is also full of nuance, discussing how the 4th amendment applies to a variety of fact patterns.
Moore's Federal Practice (Criminal)
This well-regarded treatise covers both the criminal and civil varieties of federal procedure, making it a useful source for context. The coverage here is focused squarely on the Federal Rules of Criminal Procedure, and this is reflected in its organization, each rule covered in its own chapter (denominated by the FRCP # preceded by a "6"). You can find the print version in our Core Practice Collection, at KF 8837 .M64 1997.