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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’s Constitution Is For the People
One of the nation’s most influential constitutions, California’s charter protects direct democracy, limits taxation, and secures individual liberty.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Maryland Supreme Court Affirms Crime Victims’ Rights in Adnan Syed Murder Case
The 2000 conviction in the high-profile case was reinstated but Syed remains free pending a new hearing.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
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.