The Disappearing Trial
6. Glossary of Key Terms:
a. Trial waiver systems: A process not prohibited by law
under which criminal defendants agree to accept guilt
and/or cooperate with the investigative authority in
exchange for some benefit from the state, most
commonly in the form of reduced charges and/or
lower sentences.
b. Trial waivers: Individual instances of use of the trial
waiver procedure in a particular case.
c. Sentence incentives: The type of punishment and/or
the length of sentence may be reduced in exchange
for a concession by the defendant.
d. Fact incentives: The facts of the case may be presented
in a manner that is beneficial to the defendant and/or
certain facts may not be introduced into evidence in
exchange for a concession by the defendant.
e. Charge incentives: Charges against the defendant
may be reduced and/or terminated in exchange for
a concession by the defendant.
f. Cooperation agreements/crown witness systems:
The defendant agrees to assist with the investigation
and/or prosecution of offences (including, but not
limited to, by testifying against others), in exchange
for some benefit from the state, most commonly in
the form of reduced charges and/or lower sentences.
3.