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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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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.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
A Conversation with Justice Anita Earls of the North Carolina Supreme Court
Earls spoke about bias, judicial decision-making in politicized environments, and how voters should assess judicial candidates.
Rap on Trial
Courts should be wary of allowing prosecutors to introduce rap lyrics as evidence.
How Dismissed Claims in Georgia Trump Case Could Be Resurrected
The conduct described in the indictment implicates several state constitutional provisions.
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?
A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while ineligible.