Conviction rate
![]() | This article is missing information about conviction rates and definitions used by many populous countries.(August 2015) |
The conviction rate of a prosecuting unit of government (federal, state, etc.) reflects the likelihood that in that jurisdiction a case that is brought will end in conviction. Conviction rates reflect many aspects of the legal processes and systems at work within the jurisdiction, and are a source of both jurisdictional pride and broad controversy. Rates are often high, especially when presented in their most general form (i.e., without qualification regarding changes made to original charges, pleas that are negotiated, etc.). Rates across jurisdictions within countries can vary by tens of percentage points (e.g., across states within the U.S.). In other cases, they are uniformly high, although for distinct reasons (e.g., in China and Russia).
Introduction[]
The conviction rate of a prosecutor or government can be defined as the number of convictions divided by the number of criminal cases brought.[citation needed]
Examples[]
Canada[]
In Canada, 2017-2018 data provided by Statistics Canada indicate an overall rate of conviction of 62% (of those charged in adult court). This is much lower than one might infer from the 3.6% acquittal rate because 1/3rd of the cases are withdrawn (either directly or indirectly via a "Crown Stay") before they reach a verdict. According to Canadian trial lawyer Kim Schofield, the effective conviction rate falls from 62% to approximately 50% if one excludes guilty pleas and deals.[1]
China[]
In China, the justice system has a conviction rate of 99.9% in 2014.[2] Out of 1.2 million tried, only 1,039 were found not guilty - an acquittal rate of around 0.08 per cent. [3]
India[]
![]() | This section appears to contradict itself on actual representative statistics for India, between the first and second paragraphs.(January 2020) |
The national conviction rate in India for offences of the Indian Penal Code is around 46%,[when?] a statistic that varies state by state; the state with the highest conviction rate is Kerala (~84%), while the one with the lowest rate is Bihar (~10%).[when?][4][5]
Throughout 2016, the national conviction rate for Indian Penal Code crimes was 46.8%: 596,078 were convicted and 678,270 were acquitted/discharged; moreover, 1,060,724 were convicted of SLL[clarification needed] crimes and 226,546 were acquitted or discharged of them, making the conviction rate for SLL[clarification needed] crimes 82.4%, and giving an overall conviction rate, in India, of 64.7%, for 2016.[6]
Israel[]
The conviction rate in Israel is around 93%.[when?] Around 72% of trials end with a conviction on some charges and acquittal on others, while around 22% end with a conviction on all charges. These statistics do not include plea bargains and cases where the charges are withdrawn, which make up the vast majority of criminal cases.[7]
Japan[]
The conviction rate is 99.3%. By only stating this high conviction rate it is often misunderstood as too high—however, this high conviction rate drops significantly when accounting for the fact that Japanese prosecutors drop roughly half the cases they are given. If measured in the same way, the United States' conviction rate would be 99.8%.[8][9][10]
In Japan, unlike in some other democracies, arrests require permission of judges except for cases such as arresting someone while committing a crime. Only significant cases with sufficient evidence are subject to indictment, since becoming a party to a criminal trial imposes a burden on a suspect; Japan’s indictment ratio is only 37%—“99.3%” is the percentage of convictions divided by the number of indictments, not the criminals. As such, the conviction rate is high.[11]
Russia[]
In 2018, the gross conviction rate in Russia was above 99%. In 2018, 0.25% of court cases ended in acquittal, compared with 0.3% in 2017 and 0.54% in 2014.[12] Jury trials, where not guilty verdicts are more common, are rare.[13] However this statistic doesn't take into account the 22-25% of cases that get dismissed prematurely. [14] Instead, the Russian statistics consider the number of convictions out of the cases that have made it to the end, not being dismissed in the process. This is unlike other countries, where all non-convictions (like dismisses and acquittals) are combined into one statistic.
United Kingdom[]
The United Kingdom of Great Britain and Northern Ireland has three prosecuting bodies that cover different geographic areas. The Crown Office and Procurator Fiscal Service for Scotland. In Northern Ireland Public Prosecution Service for Northern Ireland (PPSNI) and in England and Wales most prosecutions are brought by the Crown Prosecution Service (CPS). The figures for 2017–2018 in England and Wales show at Crown Court the conviction rate was 80.0% and at Magistrates Court the conviction rate was 84.8%.[15] In Northern Ireland figures show at Crown Court the conviction rate for 2017-2018 was 87.2% and at Magistrates Court it was 79.0%.[16]
United States[]
![]() | This section needs to be updated.(January 2020) |
In the United States federal court system, the conviction rate rose from approximately 75 percent to approximately 85% between 1972 and 1992.[17] For 2012, the US Department of Justice reported a 93% conviction rate.[18] In 2000, the conviction rate was also high in U.S. state courts. Coughlan, writing in 2000, stated, "In recent years, the conviction rate has averaged approximately 84% in Texas, 82% in California, 72% in New York, 67% in North Carolina, and 59% in Florida."[19]
In 2018, the Bureau of Justice Statistics reported that among defendants charged with a felony, 68% were convicted (59% of a felony and the remainder of a misdemeanor) with felony conviction rates highest for defendants originally charged with motor vehicle theft (74%), driving-related offenses (73%), murder (70%), burglary (69%), and drug trafficking (67%); and lowest for defendants originally charged with assault (45%).[20]
There are frequent "guilty acceptance" plea deals in the United States. That said, the ostensible "conviction rate" may not be accurate because the charges are dropped.
References[]
- ^ Harford, Tim (host), and Colin Jones and Kim Schofield (interviewees) (18 January 2020). More or Less: Japan’s 99% Conviction Rate (Radio broadcast). London, UK: BBC. Event occurs at 5:21-8:46, esp. 6:23-7:02, 7:25-8:02. Retrieved 21 January 2020.
- ^ McCoy, Terence (March 11, 2014). "China scored 99.9% Conviction Rate Last Year". The Washington Post.
- ^ Connor, Neil (14 March 2016). "Chinese courts convict more than 99.9 per cent of defendants". Retrieved 4 February 2019 – via www.Telegraph.co.uk.
- ^ Deccan Staff (4 December 2017). "Kerala's conviction rate double national average". Deccan Chronicle. Retrieved 4 February 2019.
- ^ Tiwary, Deeptiman (8 August 2015). "Conviction rate up, Kerala tops with over 77%". TimesofIndia.com. Retrieved 21 January 2020 – via TNN.
- ^ "Statistics" (PDF). ncrb.gov.in. Retrieved 2020-01-21.
- ^ Yahav, Telem (14 May 2012). "Study: Only 0.3% of criminal cases end with acquittal". YnetNews.com. Retrieved 4 February 2019.
- ^ http://justicedenied.org/issue/issue_67/federal_courts_jd67.pdf 99.8% Conviction Rate In U.S. Federal Courts Can Make Japanese Prosecutors Jealous
- ^ https://www.doarlaw.com/blog/2021/04/what-you-should-know-about-the-federal-governments-conviction-rate/ What you should know about the federal government’s conviction rate
- ^ https://thediplomat.com/2020/03/carlos-ghosn-and-japans-99-conviction-rate/ Carlos Ghosn and Japan’s ‘99% Conviction Rate’
- ^ http://www.moj.go.jp/EN/hisho/kouhou/20200115.html Response by MORI Masako, Minister of Justice, to the articles of the Wall Street Journal
- ^ Carroll, Oliver (May 29, 2019). "Russian justice system criticised after acquittal rate drops to 0.25%" The Independent.
- ^ Bennetts, Marc (August 14, 2017). "Russian conviction rate is higher than under Stalin" The Times.
- ^ "Российские суды прекращают уголовные дела каждого четвертого подсудимого". Российская газета (in Russian). Российская газета.
- ^ "Key measures". www.cps.gov.uk. Retrieved 2020-01-21.
- ^ [1]
- ^ Beale, Sara Sun, Federalizing Crime: Assessing the Impact on the Federal Courts, 543, Annals of the American Academy of Political and Social Science
- ^ DOJ Staff (2012). "United States Attorneys' Annual Statistical Report for Fiscal Year 2012" (PDF). United States Department of Justice. Retrieved 28 October 2014.
- ^ Coughlan, Peter J. (June 2000), In Defense of Unanimous Jury Verdicts: Mistrials, Communication, and Strategic Voting, 94, The American Political Science Review, pp. 375–393
- ^ BJS Staff. "FAQ Detail: What is the probability of conviction for felony defendants?". Bureau of Justice Statistics. Retrieved 21 January 2020.
External links[]
- Countries compared by crime > Convictions
- Crime and Justice in the United States and in England and Wales, 1981-96, Bureau of Justice Statistics
Further reading[]
- "Данные судебной статистики: Судебный департамент при Верховном суде Российской Федерации" [Judicial Statistics: Judicial Department at the Supreme Court of the Russian Federation]. CDEP.ru (in Russian). Retrieved 4 March 2019.
- Criminal law
- Rates