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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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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.
Maryland Supreme Court Affirms Crime Victims’ Rights in Adnan Syed Murder Case
The 2000 conviction in the high-profile case was reinstated but Syed remains free pending a new hearing.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
South Dakota Supreme Court Broadens ‘Marsy’s Law’ in Dispute Over Victim’s Diary
The case involved interpretation of the state’s constitutional amendment providing crime victims’ rights akin to those of criminal defendants.
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.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.