Yesterday, we examined the nature of the civil procedure cases the Court has taken since 1992, and the Court’s reversal rates in each category.  Today, we’re looking at the Court’s criminal procedure decisions.

Overall, the Court has taken somewhat more cases which the prosecution won below than defendants’ wins – 138 to 115.  The Court has reversed 34.78% of prosecution wins.  The Court affirmed three prosecution wins in 1992, 1 in 1993, 5 in 1994, 2 in 1995, 3 in 1996, 1 in 1997, 5 in 1998, 3 in 1999 and 2 in 2000.  The Court affirmed 6 prosecutions wins per year in 2001, 2002 and 2003, 7 in 2004, 2 in 2005, 3 in 2006, 2007 and 2008, 6 in 2009 and 4 in 2010.  The Court affirmed 2 prosecution wins in 2011, 4 in 2012, 3 in 2013, 4 in 2014, 3 in 2015, 2 in 2016 and 1 in 2017.

In Table 469, we review the Court’s yearly reversal of prosecution wins in criminal procedure cases.  The Court reversed 1 decision a year in 1992, 1993 and 1994, 2 in 1995, 3 in 1996, 2 in 1998, 2 in 1999 and 3 in 2000.  The Court reversed in two cases in 2001, 4 in 2002, 2 each in 2003, 2004, 2005 and 2006, 1 case in 2007, 2 cases in 2008 and 1 case in 2010.  The Court reversed 1 case per year in 2011, 2012 and 2013, 2 in 2014 and 2015 and 4 cases in 2016 and 2017.

Since 1992, the Court has reversed 76.65% of defendants’ wins in criminal procedure cases.  The Court affirmed in 1 defense win in 1992 and 1993, 2 in 1994, 3 in 1996, 1 in 1997 and 1998 and 3 in 1999.  The Court affirmed in 2 cases in 2001 and 2002, 1 per year in 2003, 2004 and 2005, 2 in 2007, 1 in 2008 and 3 in 2010.  The Court affirmed in 1 case in 2011, 2012 and 2013.

In Table 471, we review the yearly data for defendants’ wins which were reversed by the Court.  The Court reversed in 2 cases in 1992, 6 in 1993, 5 in 1994 and 1995, 2 in 1996, 4 in 1997, 2 in 1998, 3 in 1999 and 2 in 2000.  In 2001, the Court reversed in 6 cases.  The Court reversed 5 times in 2002 and 2003, 4 in 2004, 1 in 2005, 4 in 2006, 1 in 2007, 7 in 2008, 3 in 2009 and 4 cases in 2010.  The Court reversed in 1 case in 2011, 4 in 2012, 3 in 2013, 1 in 2014, 3 in 2015 and 2016 and 1 case in 2017.

Overall, the Court has reversed in 55.95% of criminal procedure cases.  That rate hasn’t been entirely consistent from one period to another, however.  Between 1992 and 1995, the Court reversed in 60.53% of its criminal procedure cases.  The Court reversed 52.17% of the time from 1996 to 2000.  The Court reversed in only 49.23% of its criminal procedure cases from 2001 to 2005.  But from 2006 to 2010, the Court reversed 59.18% of the time.  From 2011 to 2017, the Court has reversed in 61.11% of cases.

Join us back here next Thursday as we turn our attention to a new area of law.

Image courtesy of Flickr by gosheshe (no changes).