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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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Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
When Are Retroactive Laws Constitutional?
The South Carolina Supreme Court’s latest word on retroactive legislation is in keeping with a messy tradition.
State Constitutions Must Better Protect Children
State and federal law fails children caught in custody battles, sometimes with tragic results.
California’s Racial Justice Act Goes to Court
The California Supreme Court overturned a death sentence but diluted the law’s protections, two justices said.
Habeas and Happy the Elephant
A Bronx Zoo elephant that died last week was made famous in litigation over whether habeas corpus can be used to challenge the confinement of nonhuman animals.
State Court Oral Arguments to Watch for in June
Issues on the dockets include crossover voting, a gun ban for young adults, transgender prisoners, and court reporter shortages.
Perhaps Unexpectedly, State Constitutions Sometimes Offer Narrower Rights than the U.S. Constitution
The Ohio Supreme Court recently held that the state right to counsel is not as robust as its federal counterpart.