How Many Criminal Cases Actually Go to Trial? (2024)

FAQs

How Many Criminal Cases Actually Go to Trial? ›

More than 90 percent of criminal cases are never tried before a jury. Most people charged with crimes forfeit their constitutional rights and plead guilty.

In most US jurisdictions, fewer than 10% of criminal cases go to trial, and less than 5% is common. As to why, defendants generally conclude that (1) they're likely to lose at trial and (2) they're therefore willing to make a deal if it means that they get a lighter sentence.

Today, trials only occur in approximately 2 percent of federal criminal cases. As Judge William Young of the U.S. District Court for the District of Massachusetts explains: “Today, our federal criminal justice system is all about plea bargaining.

It's no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing.

The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment. More than 90 percent of defendants plead guilty rather than go to trial.

Plea bargains can be complex and depend heavily on the strength of the prosecution's case. The prosecutor's offer will also probably get better as the trial date gets closer. Usually, it is not in the defendant's best interest to accept the first plea offer.

In fact, the majority of cases are resolved through plea bargains, where defendants agree to plead guilty or no contest in exchange for reduced charges or a lighter sentence. Plea bargains offer efficiency and certainty, allowing both the prosecution and the defense to avoid the time and resources required for a trial.

With a trial, there's a much bigger risk of a tougher sentence. Uncertainty can weigh heavily on a criminal defendant. Plea deals are also usually cheaper for defendants—not only in lawyer fees but also because a defendant might be able to get back to work more quickly.

In fact, most of the evidence used in criminal cases is circ*mstantial. Circ*mstantial evidence is proof of a fact or even a set of facts from which someone could infer the facts in question.

At least 95% of cases end up pleading because it's a certain outcome and, frankly, it's less expensive and time-consuming. Although there are exceptions, you typically know what's going to happen with a plea. In addition, a plea is not as much work as a trial. A trial is public, very stressful and time-consuming.

What percentage of defendants are found not guilty? ›

In fiscal year 2022, only 290 of 71,954 defendants in federal criminal cases – about 0.4% – went to trial and were acquitted, according to a Pew Research Center analysis of the latest available statistics from the federal judiciary. Another 1,379 went to trial and were found guilty (1.9%).

In federal court it is pretty routine to have a case set for trial within 12-18 months of filing. In state courts, however, the amount of time it takes to get to trial can vary widely county to county.

The main reason that most cases settle out of court is because the outcome is either guaranteed or predictable. However, unlike a trial, settling out of court means that the settlement is not up to a jury or judge to decide. Both parties can come to a mutual agreement without other parties being involved.

This point is important for two reasons. First, more than 90% of all lawsuits are settled out of court, most of them virtually on the courthouse steps after months or years of preparation and expense.

A plea bargain prevents the overriding of cases within the courts, which in turn allows prosecutors and judges to spend their time and resources on more controversial cases. According to the Department of Justice's Bureau of Justice Assistance, 90-95% of all criminal cases result in a plea bargain.

Police cleared 52.3% of reported murders and nonnegligent homicides in 2022, down from 64.1% in 2013. They cleared 41.4% of aggravated assaults, down from 57.7%. They cleared 26.1% of rapes, down from 40.6%. They cleared 23.2% of robberies, down from 29.4%.

In civil cases, about 1% of cases ever get to the point where they actually start a trial and hear even one witness. Many of those settle in the middle of the trial.