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10 September 2017updated 09 Sep 2021 5:57pm

The end of the courtroom trial – and why we should be worried

People accused of crimes are increasingly being incentivised to simply plead guilty.

By Jago Russell

When people think of justice, it’s often the same images that are conjured up. The wood-paneled courtroom, the judge in wig and gown. A jury sat attentively. Two sides fighting for justice. Grandstanding speeches. The trial is the archetype of criminal justice.

In reality, though, the trial is starting to disappear. People accused of crimes, are increasingly being incentivised to simply plead guilty and to waive their right to a trial. In the US, where a fifth of the world’s prison population reside, a shocking 97 per cent of cases don’t go to trial at all. Instead people are convicted following plea bargains struck with prosecutors.

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