other statutes on the same subject. Finally, there is a general maxim that special language controls over 
general language, and later statutes control over earlier statutes. 
Court Rules of Procedure 
The U.S. Supreme Court and state supreme courts make a law that regulates the procedures followed 
in the lower courts- both appellate and trial courts- in that jurisdiction. These court rules, adopted by the 
courts to facilitate the administration and processing of cases, are generally limited in scope, but they may 
nevertheless provide significant rights for the defendant. For example, the rules governing speedy trials may 
be governed generally by the Constitution, but very specifically by court rules in a particular jurisdiction. 
Local courts may also pass local court rules that govern the day-to-day practice of law in these lower 
courts. For example, a local court rule may dictate when and how cases are to be filed in that jurisdiction. 
Generally, the local bar (all the attorneys in the jurisdiction) are consulted, and a workforce consisting of 
judges, trial court administrators, and representatives from district attorney’s office, the public defender’s 
office, assigned counsel consortiums, and private attorneys will meet every few years to decide on the local 
rules. 
Okay, so where do I look to see if my behavior is prohibited? 
Because criminal law has many sources–constitutions, legislative enactments, administrative rules, case 
law, and common law–it is not necessarily an easy task to determine whether your behavior or the 
way government responds to your behavior, is lawful. First, it is always advisable to know your rights 
under the federal constitution and your state constitution and understand what limits the constitution 
places on legislative enactments and law enforcement actions. Still, even assuming that laws have been 
properly enacted and that police have followed proper procedure, it may be difficult to determine whether 
your behavior is prohibited. Because most states now codifying their criminal laws by enacting statutes, 
start there. Then look to any case law which may interpret these statutes.  Since courts generally follow 
precedent due to the doctrine of stare decisis, one red flag that your behavior may be unlawful is that, in the 
past, the courts have found behavior similar to yours to be unlawful. 
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