The Disappearing Trial

Though society views jury trials as a safeguard that guarantees fair criminal conviction, trial waiver systems that encourage suspects to admit their guilt have become significantly more popular internationally. Of the ninety global jurisdictions surveyed, sixty-six employed some form of trial waiver such as cooperation agreement systems, abbreviated trials, and sentence, charge, or fact incentives. The shift away from trials offers several advantages and disadvantages. Trial waiver systems dispose of cases more efficiently by reducing lengthy processing times, the excessive use of pre-trial detention, and impunity for corruption. They offer numerous safeguards including enhanced protection of suspects’ procedural rights, regulation of benefits offered, limitations on types of cases where rights can be waived, and greater judicial oversight. Unfortunately, trial waiver systems can reduce public scrutiny of rights violations and actually encourage coercive police or prosecutorial practices. The international human rights framework has yet to address the systems’ deficiencies adequately. However, legal frameworks, human rights audits, data collection, and an international knowledge exchange of best and worst practices may be implemented to reform this new reality of criminal justice, preserve suspects’ human rights, and uphold the rule of law.

“It is not realistic or, indeed, desirable, to have a full trial in every case. It is certainly not efficient. We must, though, remain vigilant against sacrificing transparency and justice on the altar of efficiency because fair and effective criminal justice systems are too important to the secure, safe and prosperous societies we all want to live in.” p. 3