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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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Substantive Rights That Limit Prison Terms
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Substantive Rights and Prison Conditions
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Professor Robert F. Williams Keynote and Introduction: The Perpetual Guardians of the Penitentiary Houses
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
“A View From the Bench:” Excessive Sentencing
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Pennsylvania “Cruel Punishments” Decision Nods Toward International Human Rights Law
In striking down mandatory life-without-parole sentences for felony murder, the Pennsylvania justices differed on the appropriateness of looking to international law.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.