Image
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.
Filters
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
State Supreme Courts Weigh In on Police Reform
Recent state decisions have increased accountability for law enforcement and upheld laws aimed at curbing police violence.
Harvey Weinstein, Donald Trump, and Evidence of Past Misconduct
New York’s high court overturned the disgraced producer’s conviction. Will that affect the Trump trial?
Georgia Courts to Consider Legislative Oversight of Prosecutorial Discretion — Again
District attorneys in Georgia are challenging a statute that allows elected prosecutors to be disciplined and removed for their prosecutorial decisions and speech.
A Conversation with Justice Goodwin H. Liu of the California Supreme Court
Liu spoke about how judicial decisions affect citizens, the state’s system of direct democracy, and the importance of educating law students about state courts.
A Conversation with Former Texas Chief Justice Wallace B. Jefferson
Jefferson spoke about judicial independence, the under-funding of courts, and the need for greater access to counsel.
Using Appellate Decisions and Algorithms to Advance Judicial Transparency
A new report analyzes New York appellate decisions decreasing sentences in order to identify judges that frequently hand down unduly harsh punishments.