Yesterday, we reviewed the Court’s record with civil cases involving governmental parties and administrative law.  Today, we’re on the criminal law side of the docket, reviewing the Court’s experience with cases involving criminal sentencing.

Not surprisingly (given the percentage of criminal law appellate decisions won by the government), the Court has heard more prosecution wins from the Court of Appeal than defendants’ wins: 61.71% of the Court’s criminal sentencing cases were won by the prosecution below.  Only 39.84% of the prosecution wins were reversed, while 77.61% of the defendants’ wins were.

The Court affirmed two prosecution wins in 1993, one in 1994, three in 1995, two in 1996, three in 1997 and 1998, one in 1999, three in 2001, six in 2002, two in 2003, five in 2004, three in 2005, one in 2006, four in 2007 and 2008, two in 2009, eight in 2010, five in 2012, two in 2015 and 2016, and three in 2017.

The Court reversed one prosecution win in 1992, three in 1993, two in 1996, 1997 and 1998, five in 1999, two in 2001, one in 2002 and 2003, one in 2006, three in 2009, one in 2010, three in 2012, four in 2013, three in 2014, six in 2015 and three in 2017.

The Court affirmed one defendant’s win per year in 1993, 1996, 1997, 2004, 2007, 2008, 2009 and 2010.  The Court reversed twice in 2014, three times in 2015 and once per year in 2016 and 2017.

The Court reversed four defendants’ wins in 1993, one in 1994, five in 1995, two in 1996, three in 1997, two in 2999, three in 2000, two in 2001, three in 2002 and 2003, five in 2004, one in 2005 and 2006, three in 2007, one in 2008 and 2009, four in 2010, two in 2011, three in 2012, one in 2014 and two in 2016.

Overall, the Court has reversed entirely 81 times, and in part an additional 27 times, in its 175 criminal sentencing cases since 1992 – a 61.71% reversal rate.  Between 1990 and 1995, it reversed in 71.43% of its sentencing law cases.  Between 1996 and 2000, it reversed 71.88% of the time.  From 2001 to 2005, the reversal rate fell to “only” 60.53%.  Between 2006 and 2010, the reversal rate fell much further, to 44.74%.  From 2011 to last year, the reversal rate was back up, as the Court reversed in whole or in part in 65.22% of its sentencing cases.

Join us back here next Thursday as we turn our attention to two new areas of the Court’s docket.

Image courtesy of Flickr by Pedro Szekely (no changes).