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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Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Giving Meaning to Georgia’s ‘Social Status’ Clause
Scholarship Roundup: Giving State Law Its Due
Getting Racial Bias Off the Jury
‘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