Disappearing Trials? A Comparative Perspective

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In this Subject: Law
By this author: Herbert M. Kritzer

Author: Herbert M. Kritzer

Source: Journal of Empirical Legal Studies, Volume 1, Number 3, November 2004 , pp. 735-754(20)

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Abstract:

Is the declining incidence of trials a uniquely American phenomenon or does it reflect a broader trend in the common-law world? To explore this question, this article examines trial patterns in England and Wales (both civil and criminal) and in the Canadian province of Ontario (civil only). There is a reasonably clear pattern of declining numbers (and rates) of civil trials in both jurisdictions examined, although in England and Wales much of the change reflects changes in jurisdiction and procedure. Some of the common patterns across the three countries may reflect the international focus of alternative dispute resolution, and some of the pattern may reflect ongoing changes in civil procedure. In England and Wales, the incidence of criminal trials in the Crown Court shows a remarkable pattern of stability, even as the number of cases rises and falls during the period examined; the reason for this pattern of stability is unclear.

Document Type: Research article

DOI: http://dx.doi.org/10.1111/j.1740-1461.2004.00022.x

Publication date: 2004-11-01