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.
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