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.

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