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I think the more interesting question is:

How often are such extrajudicial processes utilized? I've heard conflicting info on this, from its seldom if ever used, to a large minority of cases are used this way. (Which would seem to call into question the overall legal process if true.) Yet I've seen nobody actually show their work on that.

Is this knowable?

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Well, the vast majority of American criminal cases are resolved by the parallel proceeding - the plea agreement. Actual trials are now rare. The same for civil cases: lawyers say that the federal civil trial with a jury is virtually extinct.

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My understanding is that 90% of the cases are done as extrajudicial.

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I've heard that, but I've never seen anything substantiating that. And that might make me a bit uneasy!

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