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It wasn't until the emergence of a barrister William Garrow PC KC FRS in the 18th century who fought tooth and nail for the adversarial system or adversary system. A legal system used in the common law countries where two advocates represent their parties' case.
Think About It!
In the 21st century, no cameras are allowed in an English court. Take a camera into a court's public lobby, and you will be surrounded by police. In America, cameras have been allowed in courts for decades.
In my case, I was hauled before a Quisling Court and not allowed to present any evidence, call witnesses or even submit an alibi. My lawyers were my prosecutors while the judge withheld exculpatory evidence in the form of Affidavits.
When a judge sitting in the European Court of Human Rights. In a judgment refers to the English courts "Now we wouldn't want any of the precious lessons from Kafka's Trial to go to waste, would we?" We know things are bad, terribly, bad.
European Court of Human Rights
CASE OF ALLEN v. THE UNITED KINGDOM
(Application no. 18837/06)
- CONCURRING OPINION OF JUDGE BONELLO
- FOR THESE REASONS, THE COURT
- I concede I embrace far more radical views on the right of an accused person to be present during all the stages of the proceedings in which issues regarding his or her liberty are being discussed and determined, if the accused person so requires. Hard as I try, I cannot bring myself to see the presence of the accused, in proceedings which determine their rights and their liberty, as a discretionary concession that essentially depends on the court's conviviality or misanthropy, or on whether the presiding judge had started the day in a cantankerous or in an affable mood. At stake for the applicant at that hearing of 11 October were her freedom, her future, her incarceration. It strikes me as at least moderately weird that every person in the universe had a “right” to be present in the courtroom on 11 October everybody, that is, except the person most immediately affected by the goings-on in that courtroom. Anyone can be there when imprisonment is being decided, provided it is not the person who is risking prison. Issues intimately concerning the accused are best discussed and determined behind the accused's back, where else? Now we wouldn't want any of the precious lessons from Kafka's Trial to go to waste, would we?
This judgment can be found on my website in DOCUMENTS
In the 2nd world war, I had a dad and three uncles fighting the Nazi's along with the Americans, Canadians, Australians and Russians for what. Had these brave young men had a glimpse of how things would be in the future. On leaving landing craft, they wouldn't have gone more than ten feet on those Normandy beaches.
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