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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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'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
Louisiana Voters Considering Constitutional Changes that Expand Legislative Power
This week’s ballot asks voters to overhaul the state tax code, give lawmakers more power over creation of courts and juveniles’ punishments, 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.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
South Dakota Supreme Court Broadens ‘Marsy’s Law’ in Dispute Over Victim’s Diary
The case involved interpretation of the state’s constitutional amendment providing crime victims’ rights akin to those of criminal defendants.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
State Court Cases to Look for in 2025
Courts across the country will issue major rulings this year that will impact abortion rights, criminal justice, and more.
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.