LibGuides: Criminal Law Research Guide: Primary Law

Constitutions

Many provisions in the U.S. and state constitutions affect the rights of criminal defendants (see chart below for a few examples). Courts routinely interpret these provisions with regard to specific factual situations before them. Keep in mind that states can provide more constitutional protections than the U.S. constitution but not fewer.

To find identify relevant constitutional provisions, make use of the various secondary sources listed in this guide. The text of the U.S. and state constitutions can be found freely online; annotated versions can be found on Lexis and Westlaw with the jurisdiction's statutory code (see links below).

Statutes

Most crimes today are codified in statutory codes, as are many laws about criminal procedure. To find relevant statutes, make use of secondary sources and/or search the statutes for the jurisdiction(s) of interest.

Federal: Title 18 of the United States Code covers federal crimes and criminal procedure, but criminal provisions can be found throughout the U.S. Code.
Massachusetts: Part 4 of the General Laws of Massachusetts (Chapters 263-280) covers crimes, punishments and proceedings in criminal cases. Other important chapters include Chapter 90 (motor vehicle offenses) and Chapter 94C (controlled substances).
To learn more: See our guide on Statutory Research.

Massachusetts General Laws Annotated (Unofficial, Westlaw)
The MGLA is West's publication of the Massachusetts code and the one we recommend for BCLR source collection (see note above about source collection). It's unofficial but has helpful annotations like Notes of Decisions and a Context & Analysis tab that directs you to helpful secondary sources. Make use of the Find Template on the right under Tools & Resources to pull up provisions by citation.
Annotated Laws of Massachusetts (Unofficial, Lexis)
The ALM is Lexis's publication of the Massachusetts code. It will have some different annotations than West's MGLA, so it's often worth checking both.
United States Code Annotated (Unofficial, Westlaw)
The USCA is Westlaw's unofficial edition of the U.S. Code. Browse, search, or use the find template to search by citation. Make use of the Notes of Decisions and Citing References to find interpretive case law, and use the Context & Analysis tab to find helpful secondary sources that discuss your statute.
United States Code Service (Unofficial, Lexis)
The USCS is Lexis's unofficial edition of the U.S. Code. Browse or search to find relevant provisions. Make use of the Notes to Decisions beneath the statutory text, as well as the Citing Decisions and Other Citing Sources tabs to find interpretive case law and helpful secondary sources.

Cases

Courts constantly interpret constitutional provisions and criminal statutes, so finding cases is a crucial part of the research process. Ideally, you'll find relevant cases from an appellate court in your jurisdiction (best for MA would be a decision from the Supreme Judicial Court) that addresses the correct point of law and has similar facts to your situation.

Several tactics to use:

Secondary Sources : Secondary sources describe a legal issue and point you to major primary law that controls, including statutes and cases.
Notes of Decisions: If you're working with a statute (say Mass. Gen. Laws ch. 266 §14, the armed burglary statute), use the Notes of Decisions on Westlaw & Lexis to lead you to cases that have interpreted said statute or court rule. These are selected by editors at West/Lexis.
Citing References: Similar to Notes of Decisions → If you're working with a statute (say Mass. Gen Laws ch. 266 §14, the armed burglary statute), use Citing References to find all cases that have cited your statute or court rule. This is a broader group of cases that those selected by the editors to appear in the Notes of Decisions.
AI Legal Research Tools: ChatGPT is pretty terrible at legal research—it will flat out make things up. But specialized AI tools like Lexis Protégé and Westlaw's CoCounsel are very useful, as long you remember to actually go read and verify what they say and that they are still good law (similar to secondary sources). And use the AI tools along with other methods in this list - not as your only tactic.
Headnotes/KeyNumbers: Particularly on Westlaw, once you find a helpful case that interprets your statute, use the tools in the Headnotes from a known case to lead you to other similar cases.

Court Rules

What they are: Procedural matters, such as filing motions to suppress, will be governed by the Massachusetts Rules of Criminal Procedure (or other state jurisdiction) for state cases or the Federal Rules of Criminal Procedure for federal cases. Individual courts (like the Massachusetts Superior Court or U.S. District for Massachusetts) will have their own local rules, which you also need to consult, along with any rules for the indvidual judge. Be sure to familiarize yourself with the various layers of rules.

Where to find them: Court rules are freely available on court websites, often with reporter's notes beneath the text of the rule that help with interpretation. They're also available on Westlaw and Lexis, which include reporter's notes, citing references to helpful interpretive case law, and references to helpful secondary sources.

STATE

Massachusetts Rules of Criminal Procedure
Free text of the Massachusetts Rules of Criminal Procedure, which govern criminal proceedings at the state trial court level. Browse each rule or download the entire set of rules as a PDF.
Local/Individual Rules & Standing Orders for Massachusetts Courts
Check the rules for your specific court (usually MA District Courts or Superior Courts for criminal matters). These supplement the general MA Rules of Criminal Procedure.
Annotated Massachusetts Court Rules (Westlaw)
Scroll down below the constitution and statutory code provisions to find links into annotated versions of the Mass Rules of Criminal Procedure and local rules for the Superior and District Courts. Use the Notes of Decisions, Citing References, and Context & Analysis tabs to find interpretive case law and helpful secondary sources.
Annotated Massachusetts Court Rules (Lexis)
Quick access to annotated versions of the Mass Rules of Criminal Procedure and local court rules for the Superior and District Courts. Use the Notes to Decisions and Research References sections beneath the text of the rule for leads to interpretive case law and helpful secondary sources.

FEDERAL

Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure are rules of general applicability that apply in most civil actions heard in all United States District Courts. Familiarize yourself with these and the local rules that are specific to D. Mass. (linked below).
Local Rules for the U.S. District Court for the District of Massachusetts
Consult these along with the general Federal Rules of Civil Procedure. For example, Local Rule 7.1 has additional rules for motion practice, and Local Rules 26.1 et seq. have additional rules surrounding discovery practice.
Standing Orders for Individual D. Mass. Judges
Check to see if the judge assigned to the case has any additional rules that govern practice before them. The link for each judge will take you to a profile page. Scan to find their standing orders.
Federal Rules of Evidence
The Federal Rules of Evidence govern the admission or exclusion of evidence in federal trial court proceedings, criminal and civil alike.
Annotated Federal Court Rules (Westlaw)
Quick access to annotated versions of the Federal Court Rules, including the Federal Rules of Criminal Procedure, Evidence, and court-specific local rules. The Notes of Decisions, Citing References, and Context & Analysis tabs will lead you to interpretive case law and helpful secondary sources.
USCS Federal Rules Annotated (Lexis)
Quick access to annotated versions of the Federal Court Rules, including the Federal Rules of Criminal Procedure, Evidence, and court-specific local rules. Use the Notes to Decisions and Research References sections beneath the text of the rule for leads to interpretive case law and helpful secondary sources.