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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 Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
Michigan’s High Court Is Charting a Course Against Punitive Excess
The court has perhaps never been friendlier to criminal justice reform.
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
Louisiana Voters Considering Constitutional Changes that Expand Legislative Power
This week’s ballot asks voters to overhaul the state tax code, give lawmakers more power over creation of courts and juveniles’ punishments, and more.