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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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What Is ‘Punishment’? How State Courts Can Fix a Destructive Flaw In Eighth Amendment Case Law
Courts should consider prison conditions and collateral consequences — not just prison time — when reviewing whether punishment is excessive under state constitutions.
Governor DeSantis vs. Prosecutorial Discretion
Florida is one of several places where prosecutors are being targeted because of their charging decisions.
Florida Supreme Court Rules Marsy’s Law Does Not Bar Release of Police Names After Shootings
The court said that a broad reading of the victims’ rights amendment would be at odds with other parts of the Florida Constitution.
States and Feds Diverge on Fair Sentencing Practices
Though U.S Supreme Court justices pledged respect for acquittals earlier this week, state courts have proven more willing to protect people from serving prison time for crimes a jury found they didn’t commit.
Lack of Transparency in New York Courts Undermines Democracy
Only a tiny fraction of New York criminal court decisions are publicly accessible, hampering New Yorkers’ ability to hold their judges accountable.
Long Waits for Trial in Virgin Islands Highlight Need for New Law — Or New Constitution
People facing criminal charges in the Virgin Islands wait years for their day in court.
Colorado Supreme Court Upholds Controversial Google Keyword Warrant
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.
Louisiana Supreme Court Makes It Harder to Reduce Unjust Sentences
Citing the governor’s exclusive pardon power, the court struck down a law providing a new path for post-conviction relief.