The Disappearing Trial
Country
Trial waiver
system?
Date of
adoption 160
Type of trial
waiver system
Reason for introduction
Serbia
Yes
2000–2009
Sentence incentives,
To reduce costs, reduce the number of trials,
charge incentives,
and to save time
cooperation arrangement/
crown witness system
Singapore
Yes
1990–1999
Charge incentives
To provide a more moderate means of
punishment, reduce costs, and to save
resources and time
South Africa
Yes
2000–2009
Sentence incentives,
charge incentives
To avoid re-victimisation, reduce costs, save
resources, reduce the number of trials, and to
simplify/modernise the criminal justice system
South Korea
No
-
-
-
Spain
Yes
Pre-1990
Sentence incentives
To promote efficiency and save time
Sweden
No
-
-
-
Switzerland
Yes
2000–2009
Sentence incentives, charge To incentivise cooperation
incentives, fact incentives
Tanzania
No
-
-
-
Thailand
No
-
-
-
Turkey
Yes
Pre-1990
Cooperation arrangement/ To incentivise cooperation
crown witness system
UAE
No
-
-
-
Ukraine
Yes
2010–2016
Sentence incentives
To increase the effectiveness of investigations,
reduce the number of trials, and to simplify/
modernise the criminal justice system
USA
Yes
Pre-1990
Sentence incentives,
charge incentives, fact
incentives, cooperation
arrangement/crown
witness system
Unknown
Vietnam
No
-
-
-
Zambia
Yes
2010–2016
Charge incentives
To incentivise cooperation and reduce the
number of trials
Zimbabwe
Yes
Pre-1990
Charge incentives
To recognise the autonomy of the prosecutor
160. W
e have used the dates that trial waivers were recognised in legislation or case law, meaning that an informal or unregulated trial
waiver system may have existed before the date range identified in the table.
79.
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