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What percentage of felony cases go to trial?

Published in Criminal Justice Statistics 3 mins read

The percentage of felony cases that proceed to a full trial is remarkably low, estimated to be around 2% to 3% of all criminal cases. This figure underscores the reality that the vast majority of felony charges, like other criminal cases, are resolved through means other than a courtroom trial.

Understanding the Low Trial Rate

The low rate of criminal cases reaching trial, including serious felony charges, is a defining characteristic of the modern justice system. This phenomenon is primarily driven by several key factors:

  • Plea Bargains: By far the most common resolution, plea bargains involve an agreement between the prosecution and the defendant. In exchange for a guilty plea, the defendant typically receives a reduced charge, a lighter sentence, or other concessions. This process saves time and resources for both sides and avoids the uncertainty of a trial.
  • Dismissals: Cases can be dismissed for various reasons, such as insufficient evidence, procedural errors, or a lack of cooperation from witnesses. Prosecutors may also choose to dismiss charges if they believe they cannot secure a conviction.
  • Diversion Programs: For certain types of offenses, especially for first-time offenders, defendants may be offered the opportunity to participate in diversion programs. Successfully completing these programs can lead to the charges being dropped or never formally filed, bypassing the need for a trial.
  • Resource Constraints: The sheer volume of criminal cases in both state and federal courts makes it impractical for every case to go to trial. Trials are resource-intensive, requiring significant time from judges, prosecutors, public defenders, and court staff, as well as the availability of courtrooms and juries.

How Felony Cases Are Resolved

Felony cases, which involve serious crimes punishable by imprisonment for more than a year, follow a specific path through the criminal justice system. However, very few of these paths ultimately lead to a trial.

Common Outcomes for Felony Cases

The following table illustrates the typical outcomes for felony cases, highlighting why trials are so rare:

Outcome Description Impact on Trial Rate
Plea Bargain An agreement where the defendant pleads guilty to a lesser charge or in exchange for a recommended sentence. Significantly reduces the number of cases going to trial.
Dismissal Charges are dropped by the prosecution (e.g., lack of evidence) or by the court. Eliminates the case from the trial docket.
Pre-Trial Diversion Programs that allow defendants to avoid prosecution by fulfilling specific conditions (e.g., counseling, community service). Offers an alternative to traditional prosecution.
Trial A formal legal process where evidence is presented to a judge or jury to determine guilt or innocence. The least common resolution for criminal cases.

The Role of Plea Bargaining

Plea bargaining is the backbone of the criminal justice system's efficiency. For defendants, a plea bargain offers predictability and often a less severe outcome than a trial conviction. For prosecutors, it guarantees a conviction without the risks associated with a trial, such as an acquittal or a hung jury. It also allows them to manage heavy caseloads effectively. This mutual benefit is why over 90% of criminal cases, including felonies, are resolved through plea agreements.

While the exact percentage of felony cases that proceed to trial is difficult to pinpoint precisely due to varying data collection methods across jurisdictions, the overarching trend indicates that only a very small fraction ultimately culminates in a full courtroom proceeding. The efficiency and resource management provided by plea bargains and other pre-trial resolutions are fundamental to how the criminal justice system operates today.