Wednesday, September 11, 2013

secret ruling on secret motion in secret proceeding....


From Der Prozeß, by Franz Kafka:


K. must remember that the trial would not be public; certainly if the court deemed it necessary it could be made public, but there is no law that says it has to be.  Naturally, therefore, the accused and his defense counsel do not have access even to the court records, and especially not to the indictment, and that means one does not know - or at least not precisely - what charges to meet in the first plea. . . . Conditions like this, of course, place the defense in a very unfavorable and difficult position.  But that is what they intend. In fact, defense is not really allowed under the law, it's only tolerated, and there is even some dispute about whether the relevant parts of the law imply even that. 
(hats off to F.G.) 

Oh wait.... this is justice American style...... more here.

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