Criminal Law Library Blog
In a timely and thought-provoking piece published in the Criminal Justice Magazine (Spring 2025), Richard Alan Ginkowski, a judge, and legal educator who has contributed to American Bar Association publications, urges legal professionals and advocates to take a closer look at an often-overlooked resource: their own state constitutions. His article, titled “Your State Has a Constitution. Why Not Use It?,” appears in the Spring 2025 issue of Criminal Justice Magazine, a publication of the ABA’s Criminal Justice Section.
Ginkowski’s analysis highlights how state constitutions, often richer in individual rights and more flexible than their federal counterpart, can serve as powerful tools in advancing criminal justice reform, protecting civil liberties, and shaping legal strategy. By drawing attention to recent judicial decisions and emerging advocacy trends, the article reminds practitioners that when federal remedies fall short, state constitutional claims may offer a compelling alternative.
This article is essential reading for anyone involved in litigation, policymaking, or public interest advocacy, offering a fresh perspective on how to reinvigorate the use of state-level constitutional law in the pursuit of justice.
Summary of Richard Ginkowski’s article:
- A state has the power to impose higher standards than those required by the federal Constitution if it chooses to do so.
- Understanding the text of a state’s constitution and its history as well as a state supreme court’s rigidity in adhering to it may be critical to litigating state constitutional claims.
- It’s also helpful, if not critical, for lawyers raising state constitutional claims to do more than mention them as an afterthought.