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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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2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
SCOTUS’s Declining State Criminal Appeals
The disappearance of state criminal appeals from the high court’s docket is profoundly problematic for the rights of criminal defendants and civil rights plaintiffs.
The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.
'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.
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.
Voters Across the Country Amend Their Constitutions
Through ballot measures, voters expressed policy preferences on issues including abortion, drug legalization, and same-sex marriage.
2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
State Court Oral Arguments to Watch for in November: Criminal Law Edition
Issues on the dockets relate to the many ancillary consequences that can stem from criminal charges.