NCJ Number
59599
Journal
Criminal Law Review Dated: (APRIL 1978) Pages: 196-201
Date Published
1978
Length
7 pages
Annotation
A DISCUSSION OF NEW FIGURES ON ACQUITTAL RATES IN ENGLAND AND WALES ILLUSTRATES THE DIFFICULTY IN COMPILING AND INTERPRETING THEM AND THE NEED FOR IMPROVEMENT.
Abstract
RATES OF ACQUITTAL ARE STATISTICS WITH POWERFUL SOCIOPOLITICAL OVERTONES THAT HAVE GENERATED EXTRAORDINARY CONTROVERSY AND DISPUTE AND REPRESENT A MEASURE OF THE QUALITY OF JUSTICE ITSELF, IF NOT A TEST OF THE IMPARTIALITY AND FAIRNESS OF JURIES AS OPPOSED TO THE MAGISTRACY. MOREOVER, THEY ARE NOTORIOUSLY DIFFICULT TO COMPILE AND TO INTERPRET. TO EASE THESE PROBLEMS, A SENSIBLE BALANCE SHOULD BE MAINTAINED BETWEEN PRESENTING THE FIGURES IN A SIMPLE AND ASSIMILABLE FORM WHILE, AT THE SAME TIME, NOT DISGUISING THE COMPLEXITY OF THE PHENOMENA THEY SEEK TO DESCRIBE. PRESENTING TABLES WHICH DO NOT TAKE INTO ACCOUNT THE FUNDAMENTAL PROBLEMS IDENTIFIED IN THE ACCOMPANYING TEST IS MISLEADING. IN THE FUTURE, A MORE ELABORATE ANALYSIS SHOULD BE UNDERTAKEN TO INCORPORATE AND TABULATE INFORMATION ACCORDING TO DIFFERENT KINDS OF ACQUITTAL. AT THE VERY LEAST, ACQUITTAL FIGURES FOR THE CROWN COURT SHOULD BE BROKEN DOWN INTO CERTAIN BASIC CATEGORIES. FURTHERMORE, THE ONLY SATISFACTORY METHODS OF DEALING WITH THE TANGLE OF 'MIXED' PLEA CASES AND 'SPLIT' OUTCOME CASES ARE TO PRESENT MORE COMPREHENSIVE INFORMATION ON THESE CASES. MORE FUNDAMENTALLY, THE METHODS OF COMPILATION AND DEFINITIONS USED IN THE STATISTICS CANNOT BE DIVORCED FROM THE PURPOSE FOR WHICH THE STATISTICS WERE GATHERED. GIVEN THE SENSITIVE NATURE OF ISSUES INVOLVED, STATISTICS SHOULD BE MADE MORE EXPLICIT. TABLES AND FOOTNOTES ARE INCLUDED. (MJW)