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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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Pennsylvania “Cruel Punishments” Decision Nods Toward International Human Rights Law
In striking down mandatory life-without-parole sentences for felony murder, the Pennsylvania justices differed on the appropriateness of looking to international law.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
The New Mexico Constitution: Heavily Influenced By Its Land, Culture, and Peoples
The rights of Spanish speakers, including public school students, are uniquely protected.
A Conversation with Michigan Supreme Court Justice Elizabeth Welch
Justice Elizabeth Welch was elected to the Michigan Supreme Court in 2020 and took the bench in January 2021. In her interview, Welch discusses the challenges of artificial intelligence, Michigan’s protection of natural resources, and the potential value in career disappointments.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
Ohio Supreme Court Reaffirms Text-First Approach in Decision Confirming Marsy’s Law Includes Police Officers
The court held that police officers can be considered “victims” under laws that give crime victims special protections.