Towards the disappearance of orality? The new criminal justice landscape

Over the past few decades, there has been an increasing reliance on negotiation outcomes based on the accused's confession or consent to end the case before the trial in Anglo-American countries. Surprisingly, this trend has also affected Western European jurisdictions influenced by the inquisitorial system. This convergence reflects the vanishing trial phenomenon, where legal proceedings are shortened to promote efficiency, leading to the decline of traditional trials. Today's criminal law seems to have become a hybrid system incorporating elements from both methods. Our article argues that there is a growing trend of prematurely using the accused's confession or consent to end trials through negotiated outcomes with the prosecution. We raise the question of whether this practice, including plea-bargaining and other abbreviated trial alternatives, resembles medieval practices where confession is often prioritised over the pursuit of truth. We explore the risks and opportunities associated with the methods arising from the vanishing trial phenomenon that enhances the status of confession. In the first part, we trace the historical development of confession to grasp its contemporary significance. We explore how these methods have evolved from the Middle Ages to the present day, examining the relationship between confession, torture and the concept of truth. In the second part, we analyse the current situation regarding confession and the emergence of multidoor courtrooms, highlighting the potential downsides of this phenomenon. Finally, we emphasise the need for an appropriate approach to address the excesses associated with this trend and ensure the respect of fundamental principles of a fair trial for both defendants and victims

Criminal justice · Criminology · Economic Justice · Orality · Political science · Sociology · Law · Law in Society and Culture

• The Uncertain Fate of Evidentiary Transplants

  Mirjan Damaska•The American Journal of…•1997

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