The conviction rate of a prosecuting unit of government 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. Rates across jurisdictions within countries can vary by tens of percentage points. In other cases, they are uniformly high, although for distinct reasons.
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.
In Canada, 2017-2018 data provided by Statistics Canada indicate an overall rate of conviction of 62%. This is much lower than one might infer from the 3.6% acquittal rate because 1/3rd of the cases are withdrawn before they reach a verdict.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.
In China, the justice system has a conviction rate of 99.9% in 2014. Out of 1.2 million tried, only 1,039 were found not guilty - an acquittal rate of around 0.08 per cent.
The national conviction rate in India for offences of the Indian Penal Code is around 46%, a statistic that varies state by state; the state with the highest conviction rate is Kerala, while the one with the lowest rate is Bihar. 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 crimes and 226,546 were acquitted or discharged of them, making the conviction rate for SLL crimes 82.4%, and giving an overall conviction rate, in India, of 64.7%, for 2016.
The conviction rate in Israel is around 93%. 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 These statistics do not include plea bargains and cases where the charges are withdrawn, which make up the vast majority of criminal cases.
Japan
The criminal justice system of Japan has been referred to as a form of "hostage justice", including in an appeal by 1010 Japanese professors, lawyers, and other legal professionals. Collin Jones, a professor at Doshisha Law School in Kyoto, notes that the system has a conviction rate commonly described as 99.9%, but that the rate is, in fact, closer to 99.4%. This high conviction rate can at least partly be explained by the fact that Japanese prosecutors drop roughly half the cases they are given. Jones agrees with the group of legal professionals petitioning for change that practices such as interrogating suspects without counsel or charge for up to 23 days, not requiring the disclosure of exculpatory evidence, or of relationships between prosecutors and the courts increases the likelihood of convictions; these professionals are unequivocal in their belief in the issue continues despite reforms, and that the system contributes to wrongful conviction:
Japan’s criminal justice practices—stretching suspects’ detention until they confess, forcing detainees to face investigators’ questions without the presence of lawyers and stripping them of their right to remain silent, and coercing them to confess including false confessions—have long been called “hostage justice” and a cause of wrongful convictions. However, the criminal justice reforms including the latest post-2000s reforms did not address this issue and these problems remain to date.
Russia
In 2018, the 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. Jury trials, where not guilty verdicts are more common, are rare.
In the United States federal court system, the conviction rate rose from approximately 75 percent to approximately 85% between 1972 and 1992. For 2012, the US Department of Justice reported a 93% conviction rate. 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." In 2018, the Bureau of Justice Statistics reported that among defendants charged with a felony, 68% were convicted with felony conviction rates highest for defendants originally charged with motor vehicle theft, driving-related offenses, murder, burglary, and drug trafficking ; and lowest for defendants originally charged with assault. 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.
