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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-14-09 04:51 PM
Original message
An Abundance of Legal Issues in the News: Questions for Lawyers and Law Students
Edited on Thu May-14-09 04:54 PM by Mike 03
There are so many well publicized trials in progress (or about to begin) in addition to the legal issues regarding the torture materials.

I do have a small legal library but it is inadequate. The other day I wanted to look up information about an alleged Brady violation and it was given a page or two of space in two of three 600 plus page books on evidence.

My question is what are the best hornbooks and casebooks, in your opinion on these subjects:

Evidence
Criminal Procedure (or "Modern" criminal procedure, I guess)
And of less importance to me, but still of interest, Criminal Law

The three textbooks I have on Evidence are:

McCormick on Evidence (5th)
Kirkpatrick's Evidence Under the Rules
Evidence Case and Materials (10th) by Waltz and Park

The only textbook I own on Modern Criminal Procedure is the Kamisar/LeFave/Israel/King book (10th edition)

My aim is not to become a lawyer but to be easily able to access information as various issues regarding admissibility of evidence or misconduct with respect to evidence arise as they are now during these procedings.

For example, what is a 407 hearing? (I know what it is, but that's just an example)

Why was it so difficult for me to find information on the Brady case, or how it pertained to the State Trooper trial?

If you wanted to know more about Brady issues, what would look up in the Index? Does it have a proper term other than "Brady issue" or "Brady violation"? As I understand it, this issue deals with the prosecutor's with-holding of exculpatory evidence, but what category does that fall under when looking for information on it an evidence textbook?

Or is this an issue I would more likely find information about in a criminal or civil procedure text?

I realize this is a jumble of questions, but they do fascinated me and maybe others, as well, are attempting to follow along with these various cases and understand the nuanced issues involved.

Thanks for your patience with my questions, and I would look forward to any response.


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Coyote_Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-14-09 05:26 PM
Response to Original message
1. The law is not static
Every casebook and hornbook is to some extent dated, inaccurate, imprecise and unreliable. The law varies from jurisdiction to jurisdiction. As do many legal procedures. Even judicial structures (chancery courts anyone?) can vary widely. If you want to know the nuances of any legal issue (e.g., a Brady violation) there really is no substitute for going to a law library and doing the research.
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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-14-09 06:57 PM
Response to Reply #1
2. Thank you for responding. I appreciate it, and you make very valid points. NT
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Mike 03 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-14-09 07:45 PM
Response to Original message
3. Shameless kick, but I know that most lawyers and law students were probably occupied when I
made this post.

I really seriously would love some rec's when it comes to book resources, and if it's okay, I will continue to kick this post periodically.

Thank you for your indulgence.
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