Throughout history legal traditions shaped the way society is structured. Two of the major traditions are the common law traditions and the civil law traditions. Within these traditions, certain unique systems were created that aided the criminal procedure. In common law traditions it was the adversarial system and in civil law traditions it was the inquisitorial system. There has always been an argument whether or not these systems worked “as intended by design”. The flaws of an inquisitorial system are present within the novel The Trail by Kafka and the documentary Presumed Guilty.
The film Presumed Guilty documented defendant Antonio Zuniga during his time through a criminal procedure and his time in jail. Zuniga was falsely convicted …show more content…
Both defendants had opposite personalities. Zuniga was humble and only wanted justice for himself. Joseph K. was arrogant and thought of himself better than the court. First, an example a major discrepancy can be found in the attorneys of both defendants. Unlike Zuniga, Joseph K. did not benefit from speaking out for himself and his rights. Joseph K’s lawyers even told him, speaking out for one’s self “was something unheard of and would probably do…harm” (Kafka, 1957, p. 150). Joseph K. did not enjoy the idea of being squelched, not even by his attorney, leading to Joseph K. to dismiss his attorney towards the end of the novel. Joseph K. kept looking for different legal representation, seeking advice from anyone who knew the law more than him. However, Zuniga’s attorneys wanted for Zuniga to provide them with every bit of detail he can about his experience to raise awareness. The setting in which they each take place is another example of a difference. Zuniga had the advantage of media. With proper documentation (video proof), Zuniga was able to show the appellate court his innocence. Joseph K. could not reason with the court no matter how hard he tried. Ultimately, the biggest contrast was the result of both cases. Zuniga was sent free due to his tough skin and faith in his attorneys, while Joseph K. was murdered. It is my assumption that death is freedom in the form of symbolism, set forth by the author of The Trial. Death is the only way Joseph K. could be set free of the criminal justice
The film Presumed Guilty documented defendant Antonio Zuniga during his time through a criminal procedure and his time in jail. Zuniga was falsely convicted …show more content…
Both defendants had opposite personalities. Zuniga was humble and only wanted justice for himself. Joseph K. was arrogant and thought of himself better than the court. First, an example a major discrepancy can be found in the attorneys of both defendants. Unlike Zuniga, Joseph K. did not benefit from speaking out for himself and his rights. Joseph K’s lawyers even told him, speaking out for one’s self “was something unheard of and would probably do…harm” (Kafka, 1957, p. 150). Joseph K. did not enjoy the idea of being squelched, not even by his attorney, leading to Joseph K. to dismiss his attorney towards the end of the novel. Joseph K. kept looking for different legal representation, seeking advice from anyone who knew the law more than him. However, Zuniga’s attorneys wanted for Zuniga to provide them with every bit of detail he can about his experience to raise awareness. The setting in which they each take place is another example of a difference. Zuniga had the advantage of media. With proper documentation (video proof), Zuniga was able to show the appellate court his innocence. Joseph K. could not reason with the court no matter how hard he tried. Ultimately, the biggest contrast was the result of both cases. Zuniga was sent free due to his tough skin and faith in his attorneys, while Joseph K. was murdered. It is my assumption that death is freedom in the form of symbolism, set forth by the author of The Trial. Death is the only way Joseph K. could be set free of the criminal justice