Just as we concluded last time for civil cases, dissent at the Supreme Court was almost always much more common than division at the Court of Appeal in the Court’s criminal cases.  Between 2005 and 2020, the dissent rate was higher at the Court of Appeal in only three of 16 years: 2007, 2008 and 2020.  For the most part, the margin wasn’t close: 29.51% to 6.56% in 2005; 41.51% to 7.55% in 2006; 22.73% to 0 in 2015; 33.33% to 7.14% in 2017; 24% to 10% in 2018 and 24.39% to 4.88% in 2019.

In 2009, 19.67% of Supreme Court decisions were divided, while 6.56% of those cases had a dissenter below.  The following year, it was 19.18% at the Supreme Court, 8.22% at the Court of Appeal.  In 2011, 27.45% at the Supreme Court had at least one dissenter, while 13.73% did at the Court of Appeal.  In 2012, it was 19.48% at the Supreme Court, 9.09% at the Court of Appeal.  In 2013, the numbers drew a bit closer – 18% at the Supreme Court, 12% at the Court of Appeal.  In 2014, 16.36% of criminal cases had at least one dissenter at the Supreme Court, while 5.45% of those cases had a dissenter below.  In 2016, the numbers were the closest yet: 7.69% at the Supreme Court, 5.77% at the Court of Appeal.

Join us back here next time as we begin our review of another related issue.

Image courtesy of Flickr by Philip Tellis (no changes).