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Criminal Law
Criminal justice is administered primarily at the state and county level. The vast majority of incarcerated people in the United States are in county and state custody. Constitutional challenges in state courts usually focus on the rights of defendants and incarcerated people.
These cases can address criminal procedure and due process, search and seizure, the right to counsel and a jury trial, criminal jury rights, the right against self-incrimination, bail and excessive fees and fines, admissibility of evidence, sentencing, the death penalty, police misconduct, prison conditions, and habeas.
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State Efforts to Allow Lawsuits Against Federal Officials Gain Speed
The approach of the proposed laws is legally sound, textually grounded, and more viable than many assume.
Behind the Movement Toward Humane Punishment
A recent Pennsylvania decision barring mandatory life without parole for felony murder is part of an accelerating trend toward broad state constitutional protections for people in the criminal justice system.
Pennsylvania “Cruel Punishments” Decision Nods Toward International Human Rights Law
In striking down mandatory life-without-parole sentences for felony murder, the Pennsylvania justices differed on the appropriateness of looking to international law.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
The Problem Punishment Poses for Democratic Orders: Ruination and Rights
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Barriers to Rights Protections and Collateral Consequences
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Substantive Rights That Limit Prison Terms
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Substantive Rights and Prison Conditions
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments