Procuratorial Daily Commentator Argues That 100 Percent Conviction Rates Should Not Be a Measure of Law Enforcement Effectiveness

May 31, 2005

A commentator in the Procuratorial Daily criticized the notion that 100 percent criminal conviction rates demonstrate the high quality of law enforcement in China. The commentator carefully discusses recent official praise for basic level procuratorates that have 100 percent conviction rates, citing four reasons why conviction rates should not be a measure of the quality of law enforcement.

A commentator in the Procuratorial Daily criticized the notion that 100 percent criminal conviction rates demonstrate the high quality of law enforcement in China. The commentator carefully discusses recent official praise for basic level procuratorates that have 100 percent conviction rates, citing four reasons why conviction rates should not be a measure of the quality of law enforcement.

  • First, the evidentiary standard for bringing an indictment differs from the standard for securing a conviction. A prosecutor may have enough evidence to bring a charge, but the evidence might not hold up under cross-examination and court evaluation. "Not guilty" verdicts signal progress in the rule of law, the commentator writes, but should not discourage prosecutors from bringing indictments.
  • Second, new evidence can always arise that undermines a "guilty" or "not guilty" verdict.
  • Third, when prosecutors obtain a guilty verdict only on the least serious of several charges, the guilty verdict may not be a sign of quality law enforcement work.
  • Finally, when conviction rates are used to evaluate the effectiveness of law enforcement, police and prosecutors may be tempted to influence judges before trial or to cover up mistakes.

The commentator concludes by offering the view that criminal cases involve complicated facts and issues and many opportunities for error, and that it is unrealistic to expect perfection.

According to Chinese statistics, courts convicted more than 99 percent of criminal defendants in first-instance criminal trials in 2004. Appeals courts overturn very few convictions (see related story here). In recent months, Chinese news media have focused heavily on reports of several wrongful convictions and the roots of unjust verdicts. Domestic commentators place part of the blame for such problems on pressure on law enforcement to produce convictions. The Procuratorial Daily commentary appears to be an attempt to change the attitude that guilty verdicts are the only standard for measuring law enforcement success.