Image
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.
Filters
Federalism and State Constitutional Rights in 2026
The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.
Florida Supreme Court Refuses to End Non-Unanimous Death Verdicts
The state executed nearly four times as many people as any other state in 2025.
A Conversation with Chief Judge Jeffrey S Sutton Court of Appeals for the Sixth Circuit
Transcript of panel from Symposium: The Power of State Constitutional Rights
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
We Need More Public Defenders on the Bench
A series of decisions from the Colorado Supreme Court suggests that justices who used to be prosecutors are more likely to issue law-enforcement friendly decisions.
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.