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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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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.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
New York’s Top Court Leaves Questions Unanswered on Discovery Laws
The court’s opinion offered guidance on prosecutors’ responsibilities under major criminal justice reform, but precise contours remain unclear.