ARTICLE
26 January 2021

What Kinds Of Cases Drive The Third District's Criminal Reversal Rate?

AP
Arnold & Porter

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This time, we're taking a closer look at what might be driving the reversal rate for criminal cases from the Third District.
United States Illinois Criminal Law

This time, we're taking a closer look at what might be driving the reversal rate for criminal cases from the Third District.

First, let's take a look at the subject breakdown of the criminal cases which have reached the Supreme Court.  A large share of the cases was in two areas: criminal procedure (57 cases) and constitutional law (50 cases).  Then it dropped off sharply: sentencing (27 cases), habeas corpus (18 cases) and juvenile justice (15 cases).  The eight remaining areas of law were minor players, accounting for fewer than ten cases apiece.

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Next, we review the reversal rates in each area of law.  The overall reversal rate from 1990 to 2020 for criminal cases from the Third District was 64.18%.  For criminal procedure, the reversal rate was a bit higher than that – 66.67%.  Constitutional law was a bit lower, at 62%.  Habeas corpus cases also had a lower-than-baseline reversal rate: 61.11%.  The reversal rate for juvenile justice cases was quite low – 40%.  Of the prominent issues on the docket, the only one with a reversal rate significantly above the overall average was the 27 sentencing cases (77.78%).

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Image courtesy of Pixabay by islandworks (no changes).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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