Now we turn our attention to the criminal docket. First, we review the data for complete reversal – divided decisions from the Court of Appeal versus unanimous decisions. In six of the past thirty-one years, the reversal rate for unanimous Court of Appeal decisions has exceeded that for divided ones. The rest of the time, divided decisions are more likely to be reversed, although we should note that the numbers are frequently fairly close.
Next we turn to our combined figure – the percentage reversed outright plus the share reversed in part. The share is about the same: in six of the past thirty-one years, the share of unanimous decisions not affirmed is higher than the percentage of divided decisions disturbed on appeal. Unanimous decisions have been more likely to be reversed, at least in part, in each of the last two years at the court.
Join us back here next week as we turn our attention to a new topic.