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
Giving Meaning to Georgia’s ‘Social Status’ Clause
Getting Racial Bias Off the Jury
Scholarship Roundup: Giving State Law Its Due
‘Marsy’s Law’ Challenges Highlight Conflicts with Other Constitutional Rights
Decisions are expected soon from supreme courts in Wisconsin and Florida.
California Supreme Court to Consider Prosecutorial Discretion Over “Three-Strikes” Law
Remote Court Three Years Later
Wisconsin Voters May Weaken Their Constitutional Right to Bail
Nevada Supreme Court Chips Away at Immunity for Law Enforcement Misconduct
A recent decision will help plaintiffs win damages when government officials violate the state constitution.