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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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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.
Pennsylvania’s Indigent Defense Crisis Goes to Court
Pennsylvania is not the only state struggling to meet its constitutional obligations to provide representation to people who can’t afford it.
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.
A Conversation with Chief Justice Loretta H. Rush of the Indiana Supreme Court
The chief justice talked about the Indiana’s lawyer shortage and the importance of judges getting out into their communities.