This week and next, we’re taking a break from our review of the Justices’ voting records in areas of civil law to look at criminal constitutional law cases. First, we’re reviewing the Court’s overall record in these cases.
The Court decided 143 criminal cases between 1990 and 1999 involving constitutional law issues. Criminal defendants won 50 of those cases and lost 93. From 1990 to 1992, defendants won 13 cases and lost 30. From 1993 to 1996, defendants won 14 cases but lost 42. From 1997 to 1999, the defendants won 23 cases and lost 21.
From 1990 to 1999, the Court decided exactly 100 criminal constitutional law cases won by defendants below. The Court affirmed 34 of those defendants’ wins and reversed 64. From 1990 to 1992, defendants won nine such cases and lost 23. From 1993 to 1996, defendants successfully defended 10 constitutional law wins. Twenty-nine of those decisions were reversed in whole or in part. From 1997 to 1999, defendants won 15 cases which they won below and lost 12.
Between 1990 and 1999, the Court decided 45 criminal constitutional law cases they had lost below. The Court reversed in whole or in part 19 of those 45 decisions and affirmed 26 times. Between 1990 and 1992, the Court reversed seven of those cases while affirming four times. Between 1993 and 1996, the Court reversed four times and affirmed 13 times. Between 1997 and 1999, the Court reversed eight times and affirmed in nine cases.
Join us next Tuesday as we continue our review of the Court’s criminal constitutional law decisions.