Criminal Law Reform
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Arizona
Oct 2023

Criminal Law Reform
Racial Justice
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix’s practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
U.S. Supreme Court
Sep 2023

Criminal Law Reform
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury’s verdicts of acquittal on the ground that the verdict is inconsistent with the jury’s verdict on other charges?
U.S. Supreme Court
Jun 2023

Criminal Law Reform
Pulsifer v. United States
This case involves the interpretation of a federal law that allows defendants to avoid mandatory minimum sentences for certain nonviolent drug crimes, allowing judges to impose sentences tailored to their individual circumstances.
Texas
Jul 2021

Criminal Law Reform
Prisoners' Rights
Sanchez et al v. Dallas County Sheriff et al
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The 51Ʒ has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
All Cases
147 Criminal Law Reform Cases

Alabama Supreme Court
Aug 2025
Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The 51Ʒ’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.
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Alabama Supreme Court
Aug 2025

Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The 51Ʒ’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.

Wisconsin Supreme Court
Jul 2025
Criminal Law Reform
+2 Issues
State v. K.R.C.
This case asks whether a 12-year-old boy was in custody and entitled to Miranda warnings during a closed-door police interrogation by a school resource officer in the school building. The court of appeals held that he was not in custody, not entitled to Miranda warnings, and voluntarily incriminated himself. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Wisconsin filed an amicus brief arguing that admitting the boy’s statements into evidence not only violated the Fifth Amendment to the U.S. Constitution but Article I, Section 8 of the Wisconsin Constitution, and urging the Wisconsin Supreme Court to rest its decision on the state charter to better protect Wisconsinites’ civil liberties.
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Wisconsin Supreme Court
Jul 2025

Criminal Law Reform
+2 Issues
State v. K.R.C.
This case asks whether a 12-year-old boy was in custody and entitled to Miranda warnings during a closed-door police interrogation by a school resource officer in the school building. The court of appeals held that he was not in custody, not entitled to Miranda warnings, and voluntarily incriminated himself. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Wisconsin filed an amicus brief arguing that admitting the boy’s statements into evidence not only violated the Fifth Amendment to the U.S. Constitution but Article I, Section 8 of the Wisconsin Constitution, and urging the Wisconsin Supreme Court to rest its decision on the state charter to better protect Wisconsinites’ civil liberties.

Iowa Supreme Court
Jun 2025
Criminal Law Reform
State v. Hidlebaugh
This case asks whether it violates equal protection principles to impose a prison sentence, instead of probation, based on a defendant’s inability to purchase a house. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Iowa filed an amicus brief arguing that imposing a harsher sentence based on a criminal defendant’s inability to purchase a home impinges on the equal protection guarantees in the Fourteenth Amendment of the U.S. Constitution and article I, sections 1 and 6 of the Iowa Constitution.
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Iowa Supreme Court
Jun 2025

Criminal Law Reform
State v. Hidlebaugh
This case asks whether it violates equal protection principles to impose a prison sentence, instead of probation, based on a defendant’s inability to purchase a house. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Iowa filed an amicus brief arguing that imposing a harsher sentence based on a criminal defendant’s inability to purchase a home impinges on the equal protection guarantees in the Fourteenth Amendment of the U.S. Constitution and article I, sections 1 and 6 of the Iowa Constitution.

California
Jun 2025
Criminal Law Reform
Racial Justice
Coalition on Homelessness v. City and County of San Francisco
Coalition on Homelessness is a challenge to the City and County of San Francisco’s efforts to criminalize homelessness through an array of unconstitutional practices, including confiscating and destroying the personal property of unhoused people without adequate notice or due process, and citing and arresting unhoused people for sleeping in public.
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California
Jun 2025

Criminal Law Reform
Racial Justice
Coalition on Homelessness v. City and County of San Francisco
Coalition on Homelessness is a challenge to the City and County of San Francisco’s efforts to criminalize homelessness through an array of unconstitutional practices, including confiscating and destroying the personal property of unhoused people without adequate notice or due process, and citing and arresting unhoused people for sleeping in public.

Michigan Supreme Court
Jun 2025
Criminal Law Reform
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.
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Michigan Supreme Court
Jun 2025

Criminal Law Reform
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The 51Ʒ’s State Supreme Court Initiative and the 51Ʒ of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.