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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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Long Waits for Trial in Virgin Islands Highlight Need for New Law — Or New Constitution
People facing criminal charges in the Virgin Islands wait years for their day in court.
Colorado Supreme Court Upholds Controversial Google Keyword Warrant
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.
Louisiana Supreme Court Makes It Harder to Reduce Unjust Sentences
Citing the governor’s exclusive pardon power, the court struck down a law providing a new path for post-conviction relief.
Victims’ Rights Meet State Constitutions
The Maryland Supreme Court is considering appeals in the murder case of Adnan Syed, made famous by the “Serial” podcast.
Maryland Supreme Court Weighs Victims’ Rights in High-Profile Murder Case
Adnan Syed’s appeal raises questions about the scope of Maryland’s protections for victims’ rights.
Catching Up with State Courts
State courts have had a busy summer, with key rulings on abortion, guns, and environmental rights.
Protecting Against Extreme Punishments
The Supreme Court’s Eighth Amendment jurisprudence has come to obscure what started as robust state constitutional protections.
The Neglected State Constitutional Protections Against Extreme Punishments
Two new law review articles explore the origins of antipunishment clauses in Pennsylvania and North Carolina.