Speed or Justice: Dynamics of Coercion, Credibility, and Epistemic Injustice in Mexico’s Trial Waiver System

Abstract

The plea-bargaining faces significant epistemological and procedural challenges. This article examines how its regulation in Mexico may generate coercive dynamics and epistemic distortions that compromise the agency and credibility of defendants. Through the concept of “agential testimonial injustice,” developed by Lackey, the article analyzes the effects of procedural environments that limit the participation and epistemic autonomy of defendants. The analysis addresses issues such as the disproportionate credibility granted to admissions of facts and the cumulative effects of coercive environments. It also identifies international best practices in judicial oversight, evidentiary review, and appellate mechanisms, to propose adjustments tailored to the Mexican context.