ARTICLE
28 June 2021

In What Area Of Criminal Law Are Amici Most Often On The Winning Side?

AP
Arnold & Porter

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Last time, we reviewed the data on the civil side for the years 1990-1999, looking at whether amici supporting appellants or appellees more frequently won in each area of civil law.
United States Illinois Litigation, Mediation & Arbitration

Last time, we reviewed the data on the civil side for the years 1990-1999, looking at whether amici supporting appellants or appellees more frequently won in each area of civil law.  This time, we're looking at the data from the criminal side for the same decade.

For the years 1990-1999, there were only 28 amicus briefs filed in criminal cases – 16 supporting appellants and 12 supporting appellees.  Appellants' amici had a winning percentage of 60%, while 50% of appellees were on the winning side.

Nineteen of those 28 briefs were in constitutional law cases.  Amici were almost evenly matched – amici supporting appellants won 71.43% of the time, while appellees' amici won 75% of their cases.  The few remaining briefs were scattered – two appellees' amici in a habeas case lost; three amici in criminal procedure cases, two supporting appellants and one for appellees, all lost.  On the other hand, the one amicus in a case involving property crimes, who supported appellant, won.  The lone amicus in a sentencing law case supporting appellee and also won.

Join us back here next week as we turn our attention to the years 2000 through 2009.

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