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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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California Supreme Court to Consider Prosecutorial Discretion Over “Three-Strikes” Law
The Los Angeles district attorney is contesting a requirement that he must seek higher sentences.
Remote Court Three Years Later
State courts have largely sidestepped state constitutional questions about remote criminal proceedings.
Wisconsin Voters May Weaken Their Constitutional Right to Bail
Most state constitutions include a right to bail, but amendments have limited those rights over time.
Nevada Supreme Court Chips Away at Immunity for Law Enforcement Misconduct
A recent decision will help plaintiffs win damages when government officials violate the state constitution.
State Courts Advance Protections for Young Defendants Even as SCOTUS Slows Progress
Recent decisions show courts using state constitutions to protect young defendants’ rights.