Franz Kafka’s vision of the” Law” in The Trial is so weird, approximate, and unfair that it would appear to be the reverse of our own. That is what makes Robert Burns’ most current book so engaging.
Robert Burns remarkably reveals that Kakfa’s work of art offers an extraordinary lens through which to see and comprehend the American criminal justice system today. It provokes a shock of acknowledgment that makes us see it in a really various light.
Presuming no anticipation of Kafka’s book, Burns informs the story, at the same time amusing and grim, of Josef K., captured in the Law’s grip and after that squashed by it. Setting out the qualities of Kafka’s Law, Burns argues that the American criminal justice system has actually handled a lot of those exact same qualities.
In the frustrating bulk of cases, our system is made up of cops interrogation followed by plea bargaining, where the courts’ only function is however to set a sentence on a private currently identified to be guilty.
Like Kafka’s horrible vision, excessive of our criminal law and treatment has actually ended up being unknowable, common, and administrative. It too has actually concerned depend on deceptiveness in handling suspects and jurors, to restrict the function of defense counsel, and to progressively give justice without the securities of official treatments.
Burns compellingly describes how and why we have actually ended up being a progressively punitive society. He takes up the concern of whether we have the resources to alter these Kafkaesque elements of our criminal justice system and reveals how the jury trial has that prospective, however just if it is returned to a more main location in our system.
https://criminaljusticeclasses.net/kafkas-law-the-trial-and-american-bad-guy-justice/
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