IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v1y2004i3p735-754.html
   My bibliography  Save this article

Disappearing Trials? A Comparative Perspective

Author

Listed:
  • Herbert M. Kritzer

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.

Suggested Citation

  • Herbert M. Kritzer, 2004. "Disappearing Trials? A Comparative Perspective," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 735-754, November.
  • Handle: RePEc:wly:empleg:v:1:y:2004:i:3:p:735-754
    DOI: 10.1111/j.1740-1461.2004.00022.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2004.00022.x
    Download Restriction: no

    File URL: https://libkey.io/10.1111/j.1740-1461.2004.00022.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Zajc, Katarina, 2014. "Understanding modes of civil case disposition: Evidence from Slovenian courts," Journal of Comparative Economics, Elsevier, vol. 42(4), pages 924-939.
    2. Kim Economides & Alfred A. Haug & Joe McIntyre, 2013. "Are Courts Slow? Exposing and Measuring the Invisible Determinants of Case Disposition Time," Working Papers 1317, University of Otago, Department of Economics, revised Nov 2013.
    3. Murphy Tim, 2017. "Justice and the Common Good in Dispute Resolution Discourse in the United States and the People’s Republic of China," The Law and Development Review, De Gruyter, vol. 10(2), pages 305-339, October.
    4. John R. Campbell, 2020. "Interrogating the Role and Value of Cultural Expertise in Law," Laws, MDPI, vol. 9(4), pages 1-23, November.
    5. Franziska Weber, 2015. "Is ADR the Superior Mechanism for Consumer Contractual Disputes?—an Assessment of the Incentivizing Effects of the ADR Directive," Journal of Consumer Policy, Springer, vol. 38(3), pages 265-285, September.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:1:y:2004:i:3:p:735-754. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.