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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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Pennsylvania High Court Invalidates Attempt to Impeach Reform-Minded Philadelphia Prosecutor
The impeachment effort was part of a troubling trend around the country of increasing attacks on the independence of local prosecutors.
A Michigan Prosecutor on the Importance of State Judicial Elections
State courts, including lower courts, decide issues critical to the communities they serve, but judicial races are too frequently overlooked.
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.
Missouri Attorney General Clashes with Prosecutor Trying to Exonerate Man on Death Row
Marcellus Williams is set to be executed in September, but the prosecutor says he was wrongfully convicted.
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.
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.