Educational Media Reviews Online

Through reenactments, expert perspectives and personal narratives, The Vanishing Trial paints a vivid portrait of the near extinction of the trial in the United States. Prosecutors offer pleas because of overwhelming caseloads; defenders are also overworked, leading to inadequate defense counsel, where individuals may not be aware that they risk life in prison by exercising their constitutional right to trial. There is no transparency or oversight of these plea deals: they are hidden both from the public and the court and can change arbitrarily as prosecutors line up witnesses. Moreover, at trial, judges are often powerless to use reasonable sentencing discretion because of mandatory minimums.

Using four in depth personal narratives, as well as a heart wrenching slideshow, the film demonstrates an often-shocking chasm between offered plea deals and trial sentencing (a 15-year plea vs. 55-year sentence; a 3–9-year plea vs. 25 to life sentence; a 15-year plea vs. life sentence, etc.). Writer-director Wynette Yao expertly frames these issues through a critical lens of both race and gender, and highlights other exacerbating experiences, such as poverty, childhood abuse and parental addiction, as well as domestic and sexual violence. With 1 and 4 adults in the United States having some criminal record resulting in a lifetime of stigma, and the devastating impact of incarceration on families, the film demonstrates how the vanishing trial affects us all. Wonderfully produced, with the somber yet compelling narration of Kyle Chapple, The Vanishing Trial is highly recommended for legal studies, criminal justice, and incarceration studies, not only for elevating profound justice and equity issues, but also for highlighting the work of a variety of individuals and organizations seeking to improve this broken system.

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