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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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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.
The Fate of Bail Reform in Illinois
The state’s high court is considering whether the state constitution tethers Illinois to cash bail.
Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Overturning a recent precedent, the court ruled that Iowans have no right to sue for money damages when government officials violate their rights.
Giving Meaning to Georgia’s ‘Social Status’ Clause
A recent case considered a unique and underappreciated state constitutional provision.
Getting Racial Bias Off the Jury
Washington innovates on peremptory strikes.