This week, we’re following up last week’s posts by taking a closer look at how dissent was distributed at the Court between one, two and three dissenter cases.  Today, we’re looking at the criminal docket.  For the years 1990 to 2017, 11.32% of the Court’s 1,590 criminal cases had one dissenter, 11.89% had two and 6.48% had three.

One and two dissenter cases were above the trend average for the years 1990 to 1996.  Three of the seven years, three dissenter cases were above the average as well.  One dissenter cases were 5% of the criminal docket in 1990, 13.43% in 1991, 13.79% in 1992, 30% in 1993, 26.83% in 1994, 16.33% in 1995 and 19.05% in 1996.  Two dissenter cases were 20% of the criminal docket in 1990, 19.4% in 1991, 25.86% in 1992, 30% in 1993, 19.51% in 1994, 14.29% in 1995 and 16.67% in 1996.  Three dissenter cases were 5% of the criminal docket in 1990, 13.43% in 1991, 2% in 1993, 14.63% in 1994, 10.2% in 1995 and 2.38% in 1996.  There were no three dissenter criminal cases in 1992.

Dissent was down a bit in criminal cases from 1997 to 2003.  In five of the seven years, one and three dissenter cases were above the long term trend average, while two dissenter cases were above the average in three of the seven years.

One dissenter cases were 20.45% of the docket in 1997, 15.56% in 1998, 12.5% in 1999, 3.64% in 2000, 5.17% in 2001, and then up to 15.49% in 2002 and 19.05% in 2003.  Two dissenter cases were 4.55% of the criminal docket in 1997, 13.33% in 1998, 14.58% in 1999, 18.18% in 2000, 8.62% in 2001, 8.45% in 2002 and 6.35% in 2003.  Three dissenter cases were 20.45% of the docket in 1997, 15.56% in 1998, 14.58% in 1999, 9.09% in 2000, 3.45% in 2001, 11.27% in 2002 and 6.35% of the criminal docket in 2003.

Dissent continued to decline in criminal cases from 2004 to 2010.  In four of those seven years, one dissenter cases were above the trend average, but two and three dissenter cases were only above-average in three of seven years.  One dissenter cases were 13.7% of the criminal docket in 2004, 8.2% in 2005, 15.09% in 2006, 11.48% in 2007, 3.03% in 2008, 11.48% in 2009 and 2.74% in 2010.  Two dissenter cases were 1.37% of the criminal docket in 2004, 13.11% in 2005, 13.21% in 2006, 3.28% in 2007, 7.58% in 2008, 6.56% in 2009 and 13.7% in 2010.  Three dissenter cases were 6.85% of the criminal docket in 2004, 8.2% in 2005, 13.21% in 2006, 1.52% in 2008, 1.64% in 2009 and 2.74% in 2010.  There were no three dissenter criminal cases in 2007.

Just as was the case in civil cases, dissent has been below the long-term trend level in criminal cases since 2011.  Across the last seven years, one dissenter cases haven’t been above average a single time, two dissenter cases have been above average twice and three dissenter cases have been above average in three of seven years.

One dissenter cases were 9.8% of the criminal docket in 2011, 6.49% in 2012, 8% in 2013, 5.45% in 2014, 6.82% in 2015, 3.85% in 2016 and 9.52% in 2017.  Two dissenter cases were 15.69% in 2011, 5.19% in 2012, 10% in 2013, 3.64% in 2014, 11.36% in 2015, 1.92% in 2016 and 14.29% in 2017.  Three dissenter cases were 1.96% of the criminal docket in 2011, 7.79% in 2012, 7.28% in 2014, 4.55% in 2015, 1.92% in 2016 and 9.52% in 2017.  There were no three dissenter criminal cases in 2013.

Join us back here next Thursday as we turn our attention to a new subject.

Image courtesy of Flickr by Doug Kerr (no changes).