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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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Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
Minnesota Supreme Court Considering Voting Rights Restoration Law
The court appears poised to leave in place the law, which returns the right to vote to as many as 60,000 people.
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
South Carolina High Court Hears Challenge to Firing Squads and Electric Chair
States have increasingly turned to antiquated, painful methods of execution in response to shortages of lethal injection drugs.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
A Conversation with Justice Clint Bolick of the Arizona Supreme Court
The justice talked about the challenges facing state courts and what makes the state constitution unique.