Percentage of cases resolved through Percentage cases resolved through plea bargaining trial waiver of systems Australia (2014) Bosnia & Herzegovina (2015) 61.1% 41% Chile (2010) 6.3% China (2010) 33.3% Colombia (2014) 34.5% Croatia (2014) Czech Republic (2014) 4.6% 0.07% England & Wales (2014) 70% Estonia (2014) 64% Georgia (2012) 87.8% Hungary (2014) 0.23% India (2014) 5.3% Italy (2008) 4% Poland (2015) 43% Russian Federation (2014) 64% Scotland (2004/2005) 85% Serbia (2014) 4% Spain (2014) 45.7% Ukraine (2015) 0.01% USA (2014) 97.1% 55. Even when data is available, there is no existing indicator that would establish an optimal percentage of cases that should be dealt with using full trial procedure as opposed to trial waivers. However, it is worth noting that in a substantial minority of jurisdictions employing trial waivers, the practice comes to all but replace trials, sometimes in a very short time frame. As illustrated through the previous analysis of the US system, a number of risks to due process and human rights protection, as well as unintended system-wide effects on the behaviour of police, prosecutors, defendants, judges, and legislators devising criminal policy, may accompany such reliance on trial waiver systems in place of trials. 34.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents