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
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.
Scholarship Roundup: Giving State Law Its Due
State institutions have a major impact on people’s everyday lives — often more than their federal counterparts.
‘Marsy’s Law’ Challenges Highlight Conflicts with Other Constitutional Rights
Decisions are expected soon from supreme courts in Wisconsin and Florida.
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.